Last Updated 18th April, 2019
Welcome to Flashbook!
Regarding special promotions, special price
a) New signup promotions are only for new customers. Limit one/customer and subject to availability. Validity of credits is for 1 month by default.
a) Acceptance of Terms. By accessing and/or using the Site and/or Services, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Services.
b) Amendment of Terms. Flashbook may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Services after such posting constitutes your consent to be bound by the Terms, as amended. For the avoidance of doubt, you may cancel in accordance with section 3(f) of these Terms if you consider an amendment to be detrimental.
2. Flashbook Platform
a) Flashbook Platform. The Flashbook platform enables consumers to reserve, book, schedule, purchase, access and attend a wide range of services offered and operated by salons, service providers or other third parties (collectively, “Vendors”). Flashbook itself is not a facility, vendor, service provider or similar establishment and does not own, operate or control any of the Services that are offered at or through such facilities.
b) Membership Options. There are a number of ways to participate in Services through Flashbook, such as various subscription plans, promotional plans, digital Services, and non-subscription purchases. These options consist of different services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. For the avoidance of doubt, you may cancel in accordance with clause 3(f) of these Terms if you consider any changes to be detrimental. From time to time we may permit non-subscribers to access certain Services, content or features for a cost or at no cost. Flashbook makes no commitment on the quantity, availability, type or frequency at which such Services, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
c) Subscription Plans. To enjoy full access to the Site and Services, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle”). Your Flashbook subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your Flashbook subscription on April 5, your subscription will automatically renew on May 5 (as further explained in “Subscription Cycles”, below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until cancelled or terminated.
d) Use of Credits. Depending on the subscription plan you choose and purchase, you will be allotted credits to be used solely to book Services each Subscription Cycle. You can choose how you use your credits across the various Services available to you. You may also earn credits on bookings made or products purchased.
UNLESS THE APPLICABLE ROLLOVER POLICY STATES OTHERWISE OR WE EXPRESSLY STATE OTHERWISE, ANY CREDITS YOU DON’T USE DURING THE APPLICABLE SUBSCRIPTION CYCLE WILL NOT ROLL OVER INTO FUTURE SUBSCRIPTION CYCLES. IF YOUR SUBSCRIPTION IS CANCELLED OR TERMINATED, YOUR UNUSED CREDITS WILL EXPIRE AS OF THE EFFECTIVE DATE OF CANCELLATION OR TERMINATION AS SET FORTH IN SECTION 3(f) OF THE TERMS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, THERE WILL BE NO REFUND OR PAYMENT FOR ANY UNUSED CREDITS AMOUNT. When your Subscription Cycle automatically renews for the next month, you’ll automatically receive your new allotment of credits. If you have any questions about how to use your credits, please contact us and we can help you.
Any credits purchased or allocated to your account (with or without a subscription) will also have a set expiration date (usually 1 month). This duration may vary. Expired credits will not roll over and cannot be used. There will be no refund provided for expired credits.
Credits have no cash value or any other value outside of the Flashbook platform and are not redeemable for cash. For the avoidance of doubt, the credits do not operate or serve as stored value facilities in any way. You may not transfer, trade, gift or otherwise exchange Flashbook credits.
e) Service Availability and Allocation. The exact number and type of Services you take during any Subscription Cycle will depend on the number of credits needed to book the particular Services you select. The number of credits needed to book a particular Service will vary and is determined based on a variety of factors, including but not limited to Vendor requirements, time of day, equipment, facilities, the number of times you’ve visited a vendor in the cycle, location, pricing, popularity and other characteristics. For example, a Service offered at a peak time is likely to require more credits to book than the same Service offered in the middle of the afternoon. Or, a Service that requires more time and products is likely to require more credits to book than a service that requires lesser time and products. Furthermore, a Vendor may require more credits for a certain Service under certain circumstances, such as when the Vendor makes only a small number of spots available to Flashbook or after multiple visits in a cycle. Note that credits needed to book Services also vary from city to city. Accordingly, if Flashbook permits you to reserve services in a city that differs from your home location, your credits may enable you to reserve more or fewer services when you are traveling from your home location. As such, the number of credits you need to reserve a particular Service or service may change at any time or vary day to day depending on the factors described here. Flashbook also reserves the right to change the number of credits you receive, including per cycle, plan, geography or otherwise; the number of reservations you can make; and/or the number of Services you can miss or cancel. For the avoidance of doubt, you may cancel in accordance with section 3(f) of these Terms if you consider any changes to be detrimental.
Flashbook does not guarantee the availability of particular Vendors, locations, Services, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, credits, allocation and availability of Vendors, Services, and other inventory offered, are determined by Flashbook in its sole discretion. Flashbook takes certain steps to release, promote and otherwise make available spots and inventory at varying times and in an ongoing and evolving way. For the avoidance of doubt, you may cancel in accordance with section 3(f) of these Terms if you consider any changes to be detrimental.
f) Digital Services. Flashbook may allow you to access to a variety of audio or video Services from your computer or mobile device, via live stream and/or on demand. To access these digital Services, you need to comply with certain technical and hardware requirements.
g) Non-Subscription Purchases. Flashbook may permit you to purchase certain products or Services through the Site, in addition to your subscription or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
h) Co-Memberships. From time to time Flashbook may permit you to sign up for a co-membership that provides you with a membership to Flashbook as well as a membership to a third-party Vendor. If you sign up for a co-membership, you will be subject to these Terms as well as additional terms applicable to the co-membership and the Vendor Membership. You understand and agree that Flashbook does not own, operate or control the Vendor Membership and is not responsible for the Vendor Membership, which is provided entirely by the applicable Vendor.
i) Flashbook Account. Your Flashbook account is personal to you and you agree not to create more than one account. You cannot transfer or gift Services or credits to third parties or allow third parties to use your Flashbook account, including other Flashbook users. You must not use or exploit the Site and/or Services for commercial purposes. We continually update and test various aspects of the Flashbook platform. We reserve the right to, and by using the Site and/or Services you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Flashbook may take actions we deem reasonably necessary to prevent fraud and abuse
You agree that the information you provide to Flashbook at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download a Flashbook mobile application to use some or all of Flashbook features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Services.
j) Eligibility. The availability of all or part of our Site and/or Services may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Flashbook or may terminate your subscription at any time based on these criteria.
FLASHBOOK CURRENTLY OPERATES IN THE FOLLOWING COUNTRIES: NEW ZEALAND
ACCESS TO OUR SITE IS NOT PERMITTED FROM OTHER JURISDICTIONS. THESE TERMS ARE ONLY APPLICABLE TO USERS IN NEW ZEALAND. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY FLASHBOOK. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF NEW ZEALAND, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
k) Communications. By providing your information or creating an account, you agree that Flashbook may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Flashbook account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time
l) Subscribing Organizations. If you have express permission from Flashbook to open or use an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of such organization with the authority to bind such it to these Terms; and agree to be bound by these Terms on its behalf.
3. Fees, Billing, Cancellation.
a) Recurring Billing. By initiating a Flashbook subscription, you authorize us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate, which may change from time to time. in accordance with section 3(d) of these Terms. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the Site and/or Services, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.
b) Subscription Cycle. When you sign up and purchase your Flashbook subscription, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we'll make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Flashbook subscription or became a paying member on 31 January, your next payment date is likely to be 28 February, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription.
c) Refunds. Generally to the extent permitted by law, our fees (including the monthly membership fee and any other fees) are non-refundable, unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to subscribers for their current prepaid Subscription Cycle only in the following circumstances: (i) if you are cancelling your subscription and request a refund within 5 days of the date of your first payment for your subscription or (ii) if your subscription is cancelled prior to the end of a Subscription Cycle for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any Service or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law. WE DO NOT PROVIDE REFUNDS OR MAKE GOODS FOR ANY PRIOR MONTHS INCLUDING FOR UNUSED CREDITS OR SERVICES. Nothing in this section 3(c) is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by law.
d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the Flashbook website or mobile application or such other means as we may deem appropriate from time to time, such as email. Flashbook will provide advance notice of a price increase before it becomes effective (other than any increases due to legal or tax requirements such as the application of GST) by posting a notification on the Site, sending an email or such other means as Flashbook reasonably determines. For the avoidance of doubt, you may cancel in accordance with section 3(f) of these Terms if you consider any price changes to be detrimental. If you do not cancel your subscription, you will be deemed to have accepted these new fees.
e) Payment Methods. You may edit your Payment Method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
f) Cancellation of Subscription. Unless we communicate otherwise, you may cancel your monthly subscription before your subscription renews by going into your accounts settings on the Flashbook website and letting us know you would like to cancel. Cancellation or termination will be effective at (and you will have access to your subscription through) the end of your current prepaid Subscription Cycle, unless these Terms state otherwise, we communicate otherwise, you are participating in a free trial, or you cancel and receive a refund, in which case we may terminate your access immediately. You will lose access to all Services, content, credits or features available through the subscription once the cancellation or termination is effective. You will not receive a refund for any cancellation or termination except as provided in Section 3(c) of these Terms. Note that if you do cancel your subscription, we reserve the right to charge a reactivation fee if you want to return to Flashbook or to restrict your access in future months.
g) Other Fees. You are responsible for paying applicable fees if you do not cancel a Service you had reserved with appropriate notice or do not attend your scheduled Service. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time. For the avoidance of doubt, if Flashbook increases the price, you may cancel in accordance with section 3(f) of these Terms.
h) Reservation and Cancellation of Services. As a Flashbook user you must reserve and cancel your Services only through the Site. The fees and charges associated with cancellations are set out in section 4(a) below. It is a breach of these Terms if you reserve or cancel directly with a Vendor, including through any online or mobile account you have with a Vendor, independent of Flashbook. If you reserve or cancel directly with such Vendor, we reserve the right to charge you the full amount that the Vendor charges for such Service and/or any applicable cancellation fees, and/or to terminate your subscription.
i) Fees Charged by Vendors. In addition to fees we charge, Vendors may also charge equipment or other amenity fees that you will be responsible for directly. Further, Flashbook only gives you access to the service for which you signed up on the Site (and at the specified time and location). The Vendor may have additional fees for use of additional Services or products.
a) Trials. From time to time we may offer a trial membership that includes access to the Flashbook Site during the trial period. Trials will have the duration and price communicated at the time you sign up. Unless otherwise communicated, a trial begins at the moment of sign up (even if you choose not to book your first Service until a later date) and ends at 11:59pm NZT on the last day of the trial (for a one-week trial, this would be the same weekday of following week). Each trial membership will automatically convert to a regular monthly subscription and monthly membership fee at the then-current rate unless cancelled by 12:00pm (midday) NZT on the day before the last day of trial. Customers that cancel and do not convert to a regular subscription may not attend Services taking place after the end of the trial membership period (even if booking occurred before the end of the applicable trial period). Trials, discount offers, and promotions (collectively “Trials“) may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless we expressly communicate otherwise, Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. You understand and agree that unless we expressly communicate otherwise, Trials are available only to new users that have never had a Flashbook account before and there is only one Trial permitted per credit card or Payment Method and it is a violation of these Terms to sign up for a Trial if you have signed up for an account or trial in the past or to have more than one account or trial at the same time. Flashbook reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial or to terminate your promotional subscription. If we terminate your Trials because you have violated these Terms, you understand that you will not be eligible for a refund.
b) Gift Cards. From time to time we may make available ourselves or through third parties gift cards for Flashbook membership. The purchase and redemption of gift cards may be subject to additional terms and conditions. Other than gifting a gift card as described in the gift card terms, you may not gift Services or credits to third parties and your use of Flashbook is personal to you.
c) Other Promotions. Flashbook may offer additional types of offers and promotions which will be subject to additional terms and conditions that Flashbook may provide.
5. Termination or Modification by Flashbook
You understand and agree that, at any time and without prior notice Flashbook may (1) terminate, cancel, deactivate, disable, delete and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site, your subscription and/or Services (or any portion thereof, including but not limited to your access to any or all Vendors, credits or services or services) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site, including of your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. To the extent permitted by law, Flashbook shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are a subscriber, then upon any such termination by us without cause, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for services or services already used) as your sole and exclusive remedy. To the extent permitted by law, if you have violated these Terms or otherwise engaged in illegal or improper use of Services and/or the Site or your subscription, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. To the extent permitted by law, you agree that Flashbook will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription in accordance with section 3(f) of these Terms. If Flashbook deletes your account for these reasons, you may not re-register for or use the Site and/or Services under any other user name, email, payment method or profile. Flashbook may block your access to the Site to prevent re-registration.
7. Prohibited Conduct
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
Harass, threaten, stalk, disrupt or defraud users, members or staff of Flashbook or Vendors or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user's account or signing up for more than one account;
Share Flashbook passwords with any third party or encourage any other user to do so;
Permit anyone to use any Services or services booked under your own membership, including other members;
Reserve or cancel any Service directly with a Vendor, rather than through the Site;
Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
Upload material (e.g. virus) that is damaging to computer systems or data of Flashbook or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Site;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
Upload or send to the Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
Link to, mirror or frame any portion of the Site;
Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
Make unsolicited offers, advertisements, proposals, or send junk mail or “spam“ to users;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.
Flashbook reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8. User Submissions
a) General. The Site provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions“). Flashbook does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Site. You understand and agree that User Submissions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Flashbook' platform), including any Vendor, may read or have access to your User Submissions. Flashbook is not responsible for the use or disclosure of any information that you disclose in connection with User Submissions, including any personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Flashbook. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Flashbook, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
b) Right to Remove or Edit User Submissions. Flashbook makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Flashbook may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Flashbook determines in its sole discretion to violate the standards of this Site. Flashbook takes no responsibility and assumes no liability for any User Submissions.
c) License Grant by You to Flashbook. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Flashbook, you hereby grant Flashbook and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Flashbook Licensees“) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Flashbook's (and its successors') business, for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Flashbook to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Flashbook and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Flashbook's or any Flashbook Licensee's use of such User Submissions pursuant to these Terms, and Flashbook's or any of Flashbook Licensee's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contains software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam“ or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
e) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Flashbook does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT NEITHER FLASHBOOK (NOR ANY MEMBER OF THE FLASHBOOK GROUP OF COMPANIES (WHICH INCLUDES ANY SUBSIDIARY OF SUCH ENTITY), HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.
f) Feedback. If you provide Flashbook with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback“), Flashbook shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Flashbook a perpetual, irrevocable, non-exclusive license to all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
g) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Flashbook may have at law or in equity.
h) Flashbook Ratings.You may be required to rate your Services and/or other Flashbook experiences that you reserve.
9. Ownership; Proprietary Rights
The Flashbook website and mobile applications are owned and operated by the Flashbook group of companies. Flashbook, its subsidiaries, affiliated companies and/or third-party licensors own all rights in and to the content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Flashbook (“Materials“) including all copyright, trade dress, patent rights, and trademark rights, rights under international conventions, and all other relevant intellectual property and proprietary rights, and other rights under applicable laws. For the avoidance of doubt, Materials does not include User Submissions. Except for any content uploaded by you (i.e. User Submissions), all Materials contained on the Site are the copyrighted property of Flashbook or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names used by us on the Site are proprietary to Flashbook or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Flashbook, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.
10. Third-Party Sites, Products and Services; Links
The Site may include links or access to other web sites or services (“Linked Sites“) solely as a convenience to users. Flashbook does not endorse any such Linked Sites, or the information, material, products, or services contained or accessible through other Linked Sites. Furthermore, Flashbook makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Sometimes promotional plans are offered in conjunction with the provision of third party products and/or services. We are not responsible for the products and services provided by such third parties, and to the maximum extent permitted by law, use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT FLASHBOOK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SITE.
11. Your Rights
Nothing in these Terms (including without limitation this section 11) excludes, restricts or modifies ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY THAT IS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW AND CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
12. Disclaimers Relating to the Site
ALL ASPECTS OF THE SITE INCLUDING BUT NOT LIMITED TOANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS“ AND “AS AVAILABLE“ WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLASHBOOK, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL GUARANTEES, WARRANTIES, TERMS AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Where you acquire goods or services from Flashbook “in trade” in terms of sections 2 and 43(2) of the CGA, both parties acknowledge and agree that: the goods or services are both supplied and acquired in trade; the parties agree to contract out of sections 9 (misleading and deceptive conduct generally), 12A (unsubstantiated representations), 13 (false or misleading representations) and 14(1) (false representations and other misleading conduct in relation to land) of the FTA; and all warranties, conditions and other terms implied by the CGA or the sections of the FTA referenced above are excluded from these Terms to the fullest extent permitted by law.
WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLASHBOOK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY RECOMMENDATION, (III) THAT THE SITE, OR ANY ASPECT THEREOF,WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF INCLUDING ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
13. Disclaimer Relating to Services and Third Parties
SERVICES AND OTHER NON-FLASHBOOK PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT FLASHBOOK. FLASHBOOK IS NOT A SALON, VENDOR OR OTHER SERVICE PROVIDER, AND IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE SERVICES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO SERVICES.WITHOUT LIMITING THE FOREGOING, FLASHBOOK DOES NOT WARRANT ORMAKE ANY REPRESENTATIONS (I) THAT ANY SERVICE IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY SERVICE OR RECOMMENDATION, (III) THAT ANY SERVICE, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION.IN NO EVENT SHALL FLASHBOOK BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER'S ATTENDANCE, USE OF OR PARTICIPATION IN A SERVICE OR PRODUCT OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY.FLASHBOOK IS NOT AN AGENT OF ANY THIRD PARTY.
14. Assumption of Risk
YOU UNDERSTAND THAT FLASHBOOK IS NOT A SALON, VENDOR, SERVICE PROVIDER OR SIMILAR ESTABLISHMENT AND THE SERVICES THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE VENDOR AND NOT BY FLASHBOOK.FLASHBOOK IS NOT RESPONSIBLE FOR THE QUALITY OF ANY SERVICE PROVIDED BY A VENDOR OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, SERVICE PROVIDER EMPLOYEE OR SERVICE PROVIDER EMPLOYER). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SERVICE OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR SERVICES ARE RIGHT FOR YOU.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN USING SERVICES. BY USING FLASHBOOK (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A SERVICE), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING FLASHBOOK (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A SERVICE) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USESERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT.
YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS SERVICES RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR A SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR A SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR A SERVICE. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH FLASHBOOK IS SOLELY AT YOUR OWN RISK.
THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND FLASHBOOK MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR A SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS FLASHBOOK, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY SERVICE) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
15. Indemnification; Hold Harmless
You agree to indemnify and hold Flashbook, its affiliated companies, and its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns, harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of or in connection with your misuse of the Site, Services, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants.
16. Limitation of Liability and Damages
SUBJECT TO SECTION 11 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTHING IN THESE TERMS (INCLUDING BUT NOT LIMITED TO THE “DISCLAIMERS“ ABOVE AND LIMITATIONS OF LIABILITY BELOW) IS INTENDED TO EXCLUDE, LIMIT OR MODIFY ANY LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCES WILL FLASHBOOK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY NEGLIGENCE OF THIRD PARTIES, INCLUDING ANY VENDOR WHERE YOU MAY REDEEM AN ELIGIBLE SERVICE OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE.
SUBJECT TO SECTION 11, FLASHBOOK' LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE GREATER OF (I) $50 AND (II)THE AMOUNTS, IF ANY, PAID BY YOU TO FLASHBOOK UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE.
THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER FLASHBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Vendor Waivers and Terms
Members using Services are deemed to agree to the liability waivers and terms of individual Vendors. Your participation in any Service may be subject to additional waivers, policies, rules or conditions of the applicable Vendor. Flashbook or the applicable Vendor may restrict your access if you do not agree to or comply with such conditions or these Terms or as otherwise determined by a Vendor. If you have questions about a Vendor's waiver or other terms, please see the applicable Vendor's website or contact the Vendor directly.
18. Dispute Resolution
a) General. Generally, if a dispute arises between Flashbook and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Flashbook agree that the parties will resolve any claim or controversy at law or equity that arises out of these Terms or the Site (a “Claim“) in accordance with subsection (b) below or as you and we otherwise agree in writing. Before resorting to subsection (b), we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
b) Choice of Law; Forum. These Terms shall be governed and construed in accordance with the laws of the state of New Zealand, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Flashbook must be resolved by a court of competent jurisdiction located in New Zealand except as otherwise agreed by the parties. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand for the purpose of litigating all such claims or disputes.
c) Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR“) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
a) Assignment and novation. We may assign or novate our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees. For avoidance of doubt, you may cancel in accordance with Section 3(f) of these Terms if you consider any assignment or novation to be detrimental.
b) Severability. Any provision of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of any remaining provisions is not affected.
c) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
d) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Flashbook relating to the subject matter herein.
e) Claims; Statute of Limitations. YOU AND FLASHBOOK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND/OR OR THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, USE OF OR PURCHASE OF SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f) Disclosures. The services hereunder are offered by Flashbook Ltd with an address New Zealand. Contact us on [email protected]
g) Waiver. No waiver of any of these Terms by Flashbook is binding unless authorized in writing by an executive officer of Flashbook. In the event that Flashbook waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Flashbook to enforce the same at a later time.
h) Notices. Notices will be sent to you at the email address that you provided to Flashbook during the registration process. Notices may be emailed to us on [email protected] Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
Meadowbank Shopping Centre, 35 Saint Johns Road, Auckland 1072, New Zealand