Terms and Conditions
Version number: 1.0
Effective date: 21.01.2021
1.1 We are The Flamingo Club Limited. Our company information is at the end of this document.
2. Some definitions
2.1 Here are some definitions which are used in this document (all capitalised):
- “App” – “The Flamingo Club” mobile application.
- “Content” – all information of whatever kind (including profiles, posts, chat, comments, images, photos, audio, video, advertisements, messages, etc.), uploaded to our Service (including messages sent via our Service).
- “Service” – our website, our App and any related services.
- “Store” – the app distributor from which you download the App (e.g. Apple App Store, Google Play App Store).
- “Store Rules” – any applicable rules, policies or terms of the relevant Store.
- “User” – persons or organisations using our Service (whether or not registered with us) including Advertisers.
3. What this is all about – introduction to our terms and conditions
3.1 These are our terms and conditions which apply to our Service. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
3.2 For App users: These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e. setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules.
4. How you order – and forming a contract with us
4.1 By registering on our website or downloading our App you enter into a legal contract with us.
5. Consumer right to cancel (“cooling off”)
5.1 If you are a Consumer living in the European Economic Area, you have the right to cancel this contract subject to what we say below.
5.2 However, you lose the right to cancel where the supply of digital content (e.g., our App) began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case.
5.3 If you do have the right to cancel, please see the instructions at the end of this document.
6. Changing our terms and conditions
6.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email, SMS and/or in-app message and by posting the new version on our website.
6.2 If you don’t agree to the new terms, you should end this contract before the new terms take effect by deleting your account in accordance with the instructions on our Service.
7. Your right to use our Service
7.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded where Apple Inc is the Store) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
8. Who can use our Service?
8.1 You must not use, or attempt to register on, our Service if:
- you are below 18 years of age;
- display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country doesn’t permit such a Service or display of or access to such material at all or because you are under the relevant age limit); or
- you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty.
8.2 You must not use our Service in connection with a business.
9. Things you can’t do on our Service
9.1 You agree not to do any of the following in connection with the Service:
- break the law or infringe anyone else’s rights;
- victimise or harass other people;
- use offensive, obscene, abusive or other inappropriate language;
- deceive or mislead anyone;
- reveal anything that allows you to be contacted except through the Service or identified (e.g. using your last name, postal / email address or telephone number);
- provide any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent;
- make recordings or screenshots of audio / video interactions without the written consent of all other participants;
- impersonate anyone;
- link to unlawful or otherwise inappropriate content;
- use the Service with a view to competing with us or infringing our rights;
- disrupt our Service, e.g. spam, viruses or phishing;
- interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
- intercept or modify communications;
- impose an unreasonable load on our Service;
- deliberately exploit any bugs found within the Service;
- get around any security or other features including those designed to stop copying of Content; or
- attempt, encourage or assist any of the above.
9.2 You agree to:
- comply with any rules or requirements on our Service including the Rules of the Club;
- promptly comply with any reasonable request or instruction by us (including by our “bouncers”) in connection with the Service including if we request proof of age; and
- ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
10. If you upload Content to our Service (e.g., profile information, photos, audio, video etc) …
10.1 You are responsible for your Content.
10.2 You promise you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
10.3 If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
10.4 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
10.5 It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused.
10.6 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
10.7 It is your responsibility to make your own frequent backups of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
10.8 We may irretrievably delete your Content without telling you after this agreement ends or if your account has been inactive for six months.
10.9 Uninstalling the App may result in deletion of all Content on your device.
11. Dealing with other Users…
11.1 You accept that we have no obligation to vet or monitor Users or their Content. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
11.2 You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.
11.3 When arranging through the Service to meet another person, you must take appropriate precautions and follow any guidelines on our Service. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.
12. Other peoples’ services / advertising / websites
12.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
13. Our guidance
13.1 If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
14. Your account
14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
15.1 While parts of our Service are available to Users free of charge, certain features are available only to Users who subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.
15.2 The prices shown on our website include any applicable VAT unless we say otherwise.
15.3 You are legally committed to pay your subscription payment once we confirm your order.
15.4 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
15.5 Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply). You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
15.6 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise, the next renewal of your subscription after the one month’s notice will be at the new price.
15.7 You must contact us immediately with full details if you dispute any payment.
16. Discount codes
16.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
16.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
17.1 We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time. You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.
18. Compatibility of App
18.1 We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You must check that the App works on your applicable device before you subscribe. You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.
19. Functioning of our Service
19.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
19.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
20. Ending or suspending this contract
20.1 You may at any time end this contract by deleting your account in accordance with the instructions on our Service and, if applicable, by uninstalling the App from all of your devices. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)
20.2 We are entitled at any time to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
- you break this contract including our rules;
- any fees payable by you are unpaid / unjustifiably charged back;
- acting reasonably, we think that it is necessary to protect us or others;
- we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
- you or anyone on your behalf acts inappropriately towards our staff.
20.3 We are entitled at any time to end this contract at any time without giving reasons. If so, we will refund in full any fees already paid which relate to the period after termination.
20.4 We are entitled at any time end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
20.5 If this contract ends:
- Your right to use our Service and all licences are terminated.
- Existing rights and liabilities are unaffected.
- All clauses in this contract which are stated or intended to continue after termination will continue to apply.
21. Restrictions on our legal responsibility – very important
21.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
21.2 We shall not be liable for any loss or damage where:
- there is no breach of a legal duty owed to you by us;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
- such loss or damage relates to a business of yours.
21.3 You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
22. Intellectual property rights (e.g. copyright)
22.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
22.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
22.3 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
22.4 If you upload any Content to our Service, you retain ownership of the intellectual property rights. You allow us at no cost, for so long as this contract lasts, to use and adapt all or part of such material however we wish on our Service as well as in on other channels including social media, including for the purpose of redistribution or promotion of our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions.
24. Events outside our control
24.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
25.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
26. English law
26.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
27. General but important stuff
27.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
28. Extra legal terms required by the Store relating to the App
28.1 In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
28.2 The following applies where Apple Inc is the Store:
a) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.
b) We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
28.3 You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
28.4 You promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
29.1 If you have any complaints, please contact us via the contact details shown below.
30. Company information
30.1 Company name: The Flamingo Club Limited
30.2 Trading name: “The Flamingo Club”
30.3 Country of incorporation: England and Wales
30.4 Registered number: 12612890
30.5 Registered office: The Flamingo Club Limited, Office 7, 35-37 Ludgate Hill, London, EC4M 7JN, United Kingdom
30.6 Postal address: The Flamingo Club Limited, PO Box 77, NP15 9AY, United Kingdom
30.7 Contact email address: firstname.lastname@example.org
30.8 Other contact information: See our website.
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the right to cancel this contract (as explained above):
Right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
3. To exercise the right to cancel, you must inform us The Flamingo Club Limited, Office 7, 35-37 Ludgate Hill, London, United Kingdom, EC4M 7JN (email address above) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you.
6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To The Flamingo Club Limited, The Flamingo Club Limited, PO Box 77, NP15 9AY, United Kingdom (email address above),
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate