Last Modified: May 29, 2019
Who are We?
Flora ICT B.V. Is a Dutch company, based in Haarlem. Our services mainly consist of providing webtraffic to Our clients. Our contact information:
Access and Use
You must obtain, and pay for, all telecommunication services, computer equipment and software necessary to connect to and use Our Site. We do not provide such services, equipment or software and You will need to obtain these from other suppliers. We do not have any control over, or responsibility for, such suppliers. You agree that You will not use this Site or any information contained herein for any purpose not expressly stated in these Terms. Also, You are not allowed to use this Site if this results in You being in violation of any applicable laws, regulations and/or policies of Your country.
Enquiries & Spam
Our Site contains, among other things, Our contact information, certain information about how to sell Your site to Us and information about how to get Your site listed for Our services. Sending enquiries to Us to sell Your site or get Your site listed does NOT automatically result in getting one of Your sites sold or listed for Our services. You are sending Your enquiry on a voluntary basis and We will decide, in Our sole discretion, if We take Your enquiry in consideration. You are not allowed to contact Us, or send Us offers, through Our contact information with any enquiries not directly related to Our services. You may not deliver spam or cause spam to be delivered through Our contact information. You further agree to indemnify, save and hold Us harmless against any complaint, claim and/or lawsuit from third parties regarding any information You provided with Your enquiry.
Guarantees & Warranties
Please note that We cannot make any guarantees or warranties regarding the availability of Our Site. It will be inaccessible during regular maintenance periods and it may from time to time be subject to emergency maintenance or be unavailable for other technical reasons. Like all software-based services the website cannot be promised to be free from errors and bugs. We will, however, use reasonable care and skill in fixing any problems once We become aware of them. You agree to indemnify, save and hold harmless Flora ICT B.V for any losses and liabilities regarding the availability of Our Site.
Subject to the terms, conditions, express representations and warranties provided in the Terms, You agree to indemnify, save and hold harmless Flora ICT B.V., its agents, employees and/or representatives from any and all damages, liabilities, claims, costs, losses or expenses (including attorney's fees) which arise, or result from, or relate to Your use of Our Site and/or any findings of fact which is inconsistent with Your representations and warranties made therein.
All materials, information, photography, logos, writings and other creative content on Our Site ('Intellectual Property'), shall remain Our sole property, and We shall be the sole owner of all rights in connection therewith. You are not allowed to, among other things, use, reproduce and/or create derivative works of Our Intellectual Property without Our prior written consent, except to the extent permitted by law.
We care about the intellectual property rights of others, therefore, if You are under the impression that any material on this Site infringes upon Your copyright, please send Us a DMCA Notice via the procedure set forth in Our DMCA Policy: www.floratraffic.com/dmca/.
We take Your privacy serious and therefore We have taken appropriate technical and organizational measures to prevent and minimize risks of unauthorized access, inappropriate use and inaccuracy of data stored on Our systems, insofar this is reasonably possible and expected of Us. Unfortunately, We cannot guarantee complete safety.
Spam, viruses, malware etc.
If there exists, in Our sole opinion, any nuisance, damage or other hazards to the functioning of Our computer systems, Our network, third parties and/or the services provided via the internet, in particular caused by You by means of excessive sending of emails, viruses or (personal) data leakage, We are entitled to take any necessary measures that We think are reasonable to avert or avoid this danger. This may include amendments to the information You provided Us and/or excluding You from using Our services.
Changes to these Terms
We reserve the right to make changes to these Terms. We recommend that You regularly visit this page and check if You have read the latest version of the Terms, which is indicated by the dates stated above.
Form of communications
If any provision of these Terms requires that a communication should be carried out "in writing", this condition is also met if the communication is sent via e-mail or through Our services, provided that it is sufficiently established that the message actually came from the sender using Our service and the integrity of the message has not been affected. The way such information or communication is recorded by Flora ICT B.V. is deemed to be correct, unless You can provide counter-evidence.
If any of the provisions stated in these Terms and/or any related document is deemed to be void or in breach of applicable law, this shall not affect the validity of the entire agreement and/or any other provisions stated herein, and the remaining provisions of these Terms will continue in full force and effect. If, for any reason, one of the provisions in these Terms is held to be unenforceable, illegal or invalid in some other way, parties shall together determine a new provision, which gives a satisfactory representation of the intent of the original provision, insofar as this is legally possible.
Governing Law and Dispute Resolution
These Terms and any related documents are governed by Dutch law. Both parties shall attempt to resolve any dispute arising out of the Terms together through negotiations. If parties fail to resolve the conflict through negotiations, both parties are obliged to turn to binding arbitration by a single arbitrator in the Netherlands. Arbitration will be subject to and apply Dutch law. Both parties agree to waive any jurisdictional or venue defenses and/or any rights to trial by jury and agree to service of process by mail. The right to binding arbitration cannot be waived by either party, unless the waiver is expressly agreed upon by both parties, in writing.
If You have any questions, feedback or comments about Our Terms, please contact Us on: support [at] floraict [dot] com.
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