Interpretation
The capitalized words carry meanings as defined under the specified conditions. These definitions maintain consistent meaning, whether presented in singular or plural form.
Definition
For the purposes of these Terms and Conditions:
Affiliate is defined as an entity exercising control, either through ownership or common control with a party. In this context, 'control' signifies possessing 50% or more ownership of shares, equity interest, or other securities endowed with the voting power for electing directors or other managing authorities.
Account refers to an exclusive user account established for your access to our Service or specific components thereof.
Country refers to: United Kingdom
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to NexaFlow Limited. 128 City Road, London, EC1V 2NX.
Content pertains to information, be it in the form of text, images, or other data, which you can post, upload, link to, or make available in any manner.
Device refers to any apparatus capable of accessing the Service, including but not limited to a computer, cellphone, or digital tablet.
Feedback encompasses input, innovations, or suggestions that you transmit, pertaining to the attributes, performance, or features of our Service.
Free Trial is a limited period during which a Subscription purchase may be free.
Goods refer to the items offered for sale on the Service (SaaS)
Qualified Lead Refers to a lead generated by our services demonstrating genuine interest in your product or service, though we do not guarantee their conversion or closure.
Orders mean a request by You to purchase Goods from Us.
Service refers to the SaaS within our website , subject to the specific contract.
Subscriptions denote services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") constitute these Terms and Conditions, forming the comprehensive agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service entails any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
Website refers to NexaFlow , accessible from https://nexaflow.co.uk
You designates the individual accessing or using the Service, or the company, or other legal entity on behalf of which such an individual is accessing or using the Service, as applicable.
These Terms and Conditions govern the utilization of the Service, establishing the contractual agreement between you and the Company. They delineate the rights and responsibilities applicable to all users regarding the Service.
Your access to and utilization of the Service are contingent upon your acceptance and adherence to these Terms and Conditions, which extend to all visitors, users, and others accessing or using the Service.
By entering the Service, you affirm your consent to be bound by these Terms and Conditions. Should you disagree with any aspect of these terms, your access to the Service is restricted.
You affirm that you are at least 18 years old, as the Company does not permit individuals under the age of 18 to use the Service.
Moreover, your access to and use of the Service are subject to your acceptance and compliance with the Company's Privacy Policy. This policy outlines our practices regarding the collection, use, and disclosure of your personal information when utilizing the Application or the Website. It elucidates your privacy rights and expounds on how the law safeguards you. It is imperative to thoroughly review our Privacy Policy before engaging with our Service.
When making an Order for Goods through the Service, you affirm that you possess the legal capacity to enter into binding contracts.
Ordering Process
To place an Order for Goods available on the Service, you may need to provide specific information relevant to your Order, including but not limited to your name, email, phone number, credit card details, card expiration date, billing address, and shipping information.
You assure us that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) for the Order, and (ii) the information you provide is accurate, truthful, and complete.
By submitting such information, you grant us permission to share it with third-party payment processors to facilitate the completion of your Order.
Order Cancellation
We retain the right to refuse or cancel your Order at any time for reasons including, but not limited to:
- Unavailability of Goods
- Errors in the description or prices for Goods
- Errors in your Order
- Suspected fraud or unauthorised transactions
Your Order Cancellation Rights
The return of purchased Goods is governed by these Terms and Conditions and Our Returns Policy.
Our Returns Policy is an integral part of these Terms and Conditions. Refer to our Returns Policy for detailed information on your right to cancel your Order.
Your right to cancel an Order applies only to Goods returned in the same condition as received, including all product instructions, documents, and wrappings. Damaged or improperly returned Goods will not be refunded. You are expected to take reasonable care of the purchased Goods while in your possession.
Reimbursement will be made no later than 14 days from the day we receive the returned Goods, using the same payment method as the Order, and you will not incur any fees for such reimbursement.
You do not have the right to cancel an Order for the supply of Goods:
- Made to your specifications or clearly personalized
- Digital content not supplied on a tangible medium if performance has begun with your express consent
Availability, Errors, and Inaccuracies
We regularly update our Goods offerings, but inaccuracies or unavailability may occur. We do not guarantee the accuracy or completeness of information, and we reserve the right to correct errors, inaccuracies, or omissions without prior notice.
Prices Policy
The Company may adjust prices before accepting an Order, with the right to revise them after Order acceptance due to unforeseen circumstances. In such cases, you have the option to cancel your Order.
Payments
Goods require a one-time payment, which can be made through various methods, including Visa, MasterCard, Affinity Card, American Express. Payment cards are subject to validation checks and authorisation by your card issuer, and non-authorisation may result in order delays or non-delivery.
Subscription Period
Access to the Service or specific features is available exclusively through a paid Subscription. You will be invoiced in advance on a recurring basis (daily, weekly, monthly, or annually) depending on the chosen Subscription plan.
Upon the conclusion of each period, your Subscription will automatically renew under identical terms unless you cancel it or the Company terminates it.
Cancelling Subscriptions
Cancellation of Subscription renewal can be done through your Account settings page or by contacting the Company. Refunds will not be issued for fees already paid for the current Subscription period, and access to the Service will continue until the end of the current Subscription period.
Billing
You must provide the Company with accurate and complete billing details, including your full name, address, state, zip code, telephone number, and valid payment method information.
In the event of failed automatic billing, the Company will issue an electronic invoice, requiring you to manually complete the full payment within a specified deadline indicated on the invoice.
Fee Adjustments
The Company reserves the right, at its sole discretion, to modify Subscription fees. Such changes will be effective at the end of the ongoing Subscription period. You will be given reasonable prior notice of any fee adjustments, allowing you the opportunity to terminate your Subscription before the revised fees take effect.
Your continued use of the Service after the fee adjustment constitutes your agreement to pay the updated Subscription fee amount.
Refunds
Paid Subscription fees are generally non-refundable, except when mandated by law. Requests for refunds may be considered by the Company on a case-by-case basis and granted at its sole discretion.
Free Trial
The Company may, at its sole discretion, provide a Subscription with a Free Trial for a limited duration. To sign up for the Free Trial, you may need to provide billing information.
If billing information is provided during Free Trial sign-up, charges will not be incurred until the Free Trial concludes. On the last day of the Free Trial period, unless you cancel your Subscription, applicable Subscription fees will be automatically charged.
The Company retains the right, without notice, to (i) modify the terms and conditions of the Free Trial offer, or (ii) terminate such Free Trial offer.
Service Refund Terms:
Customers who are unsatisfied with their initial purchase of a Service have the option to request cancellation within 30 days from the order date, known as the "Refund Period." Should a customer choose to cancel within this timeframe, we will refund the unused, pre-paid portion of their Subscription Fees, unless a different amount is mandated by law. It's important to note that this refund, issued in the original payment currency, is applicable only for the initial purchase and excludes additional orders, upgrades, or renewals. We want to emphasize that we cannot be held responsible for currency fluctuation differences or third-party charges, such as wire transfer fees.Once the Refund Period has lapsed, Subscription Fees become non-refundable and non-cancelable. We retain the right to decline a refund if we suspect any bad faith or illegitimate attempts to avoid payment for services rendered. In the event of customer-initiated termination under this section, all outstanding payments become due immediately.
Exceptions for Non-Refundable Services:
Certain Services are designated as non-refundable. These will be clearly indicated, and in such cases, customers are not entitled to a refund, nor are we obligated to provide one.
Chargeback Policy:
A recorded decline, chargeback, or rejection of payable Subscription Fees (a "Chargeback") on a customer's account is considered a breach of payment obligations. This may lead to service suspension or termination. To reinstate services, customers must re-subscribe and make full payments of Subscription Fees, covering costs and fees incurred by us and/or third parties for each Chargeback. This is in addition to any other remedies applicable under these Terms or the law.
Upon creating an account with us, it is imperative that you furnish information that is accurate, complete, and up-to-date at all times. Failure to comply with this requirement constitutes a violation of the Terms, and such infringement may result in the immediate termination of your account on our Service.
It is your responsibility to safeguard the password used to access the Service and for any activities or actions under your password, whether your password is associated with our Service or a Third-Party Social Media Service.
You agree not to disclose your password to any third party. You must inform us immediately upon becoming aware of any security breach or unauthorized use of your account.
Using another person's name or entity, a name not lawfully available for use, a name or trademark subject to the rights of another person or entity without proper authorization, or a name that is offensive, vulgar, or obscene is not allowed as a username.
Posting Content, Your Rights
Utilising our Service empowers you to share Content, and you bear the responsibility for the legality, reliability, and appropriateness of the Content you choose to post.
When you post Content on the Service, you are granting us the right and license to utilize, modify, publicly perform, publicly display, reproduce, and distribute said Content on and through the Service. While you maintain all rights to any Content you submit, post, or display on the Service, it is your duty to protect those rights. This license also extends to making your Content accessible to other Service users, who may utilize it in accordance with these Terms.
You assert and guarantee that: (i) the Content is exclusively yours (you own it) or you possess the right to use it and bestow upon us the rights and license specified in these Terms, and (ii) the act of posting your Content on the Service does not infringe upon the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual.
Restrictions Regarding Content
The Company holds no responsibility for the content generated by users on the Service. You explicitly acknowledge and agree that you bear sole accountability for the Content and all activities transpiring under your account, whether conducted by you or any third party utilizing your account.
It is strictly prohibited to transmit any unlawful, offensive, distressing, disgust-inducing, threatening, libelous, defamatory, obscene, or otherwise objectionable Content. Such objectionable Content includes, but is not limited to:
- Content promoting unlawful activities.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine-generated, or randomly generated content, including unauthorized or unsolicited advertising, chain letters, any other unauthorized solicitation, or any form of lottery or gambling.
- Content containing or installing viruses, worms, malware, trojan horses, or other elements designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third party.
- Infringement on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
- Impersonation of any person or entity, including the Company and its employees or representatives.
- Violation of the privacy of any third party.
- Dissemination of false information and features.
The Company reserves the right, but is not obligated, at its sole discretion, to assess the appropriateness and compliance of any Content with these Terms. The Company may refuse or eliminate objectionable Content and retains the right to make formatting and edits or alter the presentation of any Content. Furthermore, the Company may restrict or revoke your use of the Service if objectionable Content is posted.
As the Company cannot oversee all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You acknowledge that using the Service may expose you to content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will the Company be liable for any content, including any errors or omissions, or any loss or damage incurred as a result of your use of any content.
Intellectual Property Infringement
Our Service allows you to share content, and you bear responsibility for the legality, reliability, and appropriateness of the content you share.
If you are a copyright owner or authorised on behalf of one, and you believe that copyrighted work has been copied in a manner constituting copyright infringement on the Service, you must submit a written notice to our copyright agent via email at [email protected] Your notice should include a detailed description of the alleged infringement.
Misrepresenting that any content infringes your copyright may lead to accountability for damages, including costs and attorneys' fees.
Intellectual Property
The Company and its licensors retain sole ownership of the Service and its original content, excluding any content provided by users like yourself. The features and functionality of the Service are also the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws in both the Country and foreign countries.
You are not permitted to use our trademarks and trade dress in connection with any product or service without obtaining prior written consent from the Company.
Your Feedback to Us
By providing the Company with any feedback, you assign all rights, title, and interest in that feedback to the Company. In the event that this assignment is ineffective for any reason, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit the feedback without any restrictions.
Links to Other Websites
Our Service may include links to third-party websites or services that are not owned or controlled by the Company.
The Company does not have control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through such websites or services.
We strongly recommend that you review the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We reserve the right to immediately terminate or suspend your Account without prior notice or liability, for any reason whatsoever, including if you violate these Terms and Conditions. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you can simply stop using the Service.
Limitation of Liability
Regardless of any damages you may incur, the Company's entire liability shall be limited to the maximum extent permitted by law.
The Service is provided to you "AS IS" and "AS AVAILABLE" without any warranty of any kind. The Company, its Affiliates, licensors, and service providers expressly disclaim all warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The Company does not guarantee that the Service will meet your requirements, achieve any intended results, be compatible with other software or services, operate without interruption, or be error-free.
Additionally, the Company does not make any representation or warranty regarding the operation or availability of the Service, the accuracy or reliability of the information or content provided, or the absence of viruses or other harmful components.
Please note that some jurisdictions may not allow the exclusion of certain warranties or limitations on consumer rights, so these exclusions and limitations may not apply to you.
Disputes Resolution
If you have any concerns or disputes regarding the service, it is agreed that you will first attempt to resolve the matter informally by contacting the company.
Governing Law
These Terms and Your use of the Service shall be governed by the laws of the Country, without considering its conflicts of law rules. Additionally, Your use of the Application may be subject to other local, state, national, or international laws.
If you have any questions or concerns regarding these terms and conditions, please contact us on email at :
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