Terms of service
OVERVIEW
This website is operated by Flow Tank.
Throughout the site, the terms “we”, “us” and “our” refer to Flow Tank. Flow
Tank offers this website, including all information, tools and Services
available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here.By visiting our site
and/ or purchasing something from us, you engage in our “Service” and agree to
be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including theUser Manual & Safety Guidelines, those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These
Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of
content.Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be bound
by these Terms of Service. If you do not agree to all the terms and conditions
of this agreement, then you may not access the website or use any Services. If
these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.Any new features or tools which are added to the
current store shall also be subject to the Terms of Service. You can review the
most current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes.Our store is hosted on Shopify Inc. They provide us
with the online e-commerce platform that allows us to sell our products and
Services to you.
SECTION 1 - ONLINE STORE TERMSBy agreeing
to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.You may not use
our products for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction (including but not limited
to copyright laws).You must not transmit any worms or viruses or any code of a
destructive nature.A breach or violation of any of the Terms will result in an
immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONSWe reserve
the right to refuse Service to anyone for any reason at any time.You understand
that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over
networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the Service is provided, without express
written permission by us.The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.It is the
customer's responsibility to know and accept their own country's government
laws surrounding import fees, taxes and duties. Under no circumstances should
Flow Tank be responsible for these costs.
SECTION 3 - ACCURACY, COMPLETENESS AND
TIMELINESS OF INFORMATIONWe are not responsible if information made available
on this site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.This site may contain certain
historical information. Historical information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE
AND PRICESPrices for our products are subject to change without notice.We
reserve the right at any time to modify or discontinue the Service (or any part
or content thereof) without notice at any time.We shall not be liable to you or
to any third-party for any modification, price change, suspension or
discontinuance of the Service.It is the customer's responsibility to know and
accept their own country's government laws surrounding import fees, taxes and
duties. Under no circumstances should Flow Tank be responsible for these costs.
SECTION 5 - PRODUCTS OR SERVICES (if
applicable)Certain products or Services may be available exclusively online
through the website. These products or Services may have limited quantities and
are subject to return or exchange only according to our Refund Policy.We have
made every effort to display as accurately as possible the colors and images of
our products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.We reserve the right, but are not
obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or Services
that we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product or
Service made on this site is void where prohibited.We do not warrant that the
quality of any products, Services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Service
will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT
INFORMATIONWe reserve the right to refuse any order you place with us. We may,
in our sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting the e‑mail and/or
billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.You agree to provide
current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed.For more details, please review our Refund Policy
SECTION 7 - OPTIONAL TOOLSWe may provide
you with access to third-party tools over which we neither monitor nor have any
control nor input.You acknowledge and agree that we provide access to such
tools ”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party
tools.Any use by you of the optional tools offered through the site is entirely
at your own risk and discretion and you should ensure that you are familiar
with and approve of the terms on which tools are provided by the relevant
third-party provider(s).We may also, in the future, offer new Services and/or
features through the website (including the release of new tools and
resources). Such new features and/or Services shall also be subject to these
Terms of Service.
SECTION 8 - THIRD-PARTY LINKSCertain
content, products and Services available via our Service may include materials
from third-parties.Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible for examining
or evaluating the content or accuracy and we do not warrant and will not have
any liability or responsibility for any third-party materials or websites, or
for any other materials, products, or Services of third-parties.We are not liable
for any harm or damages related to the purchase or use of goods, Services,
resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND
OTHER SUBMISSIONSIf, at our request, you send certain specific submissions (for
example contest entries) or without a request from us, you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, 'comments'), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments.We may,
but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion to be unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.You agree that your
comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise
unlawful, abusive or obscene material, or contain any computer virus or other malware
that could in any way affect the operation of the Service or any related
website. You may not use a false e‑mail address, pretend to be someone other
than yourself, or otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATIONYour
submission of personal information through the store is governed by our Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND
OMISSIONSOccasionally there may be information on our site or in the Service
that contains typographical errors, inaccuracies or omissions that may relate
to product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your order).We
undertake no obligation to update, amend or clarify information in the Service
or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
SECTION 12 - PROHIBITED USESIn addition to
other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of the Service or of
any related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITYWe do not guarantee, represent or warrant that your use
of our Service will be uninterrupted, timely, secure or error-free.We do not
warrant that the results that may be obtained from the use of the Service will
be accurate or reliable.You agree that from time to time we may remove the
Service for indefinite periods of time or cancel the Service at any time,
without notice to you.You expressly agree that your use of, or inability to
use, the Service is at your sole risk. The Service and all products and
Services delivered to you through the Service are (except as expressly stated
by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.In no case shall Flow Tank, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, Service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of
any of the Service or any products procured using the Service, or for any other
claim related in any way to your use of the Service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the Service or any
content (or product) posted, transmitted, or otherwise made available via the
Service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATIONYou agree to
indemnify, defend and hold harmless Flow Tank and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors,
Service providers, subcontractors, suppliers, interns and employees, harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these Terms of Service or
the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
SECTION 15 - SEVERABILITYIn the event that
any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATIONThe obligations and
liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.These Terms of Service are
effective unless and until terminated by either you or us. You may terminate
these Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.If in our sole judgment you
fail, or we suspect that you have failed, to comply with any term or provision
of these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to
our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENTThe failure of
us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision.These Terms of Service
and any policies or operating rules posted by us on this site or in respect to
the Service constitutes the entire agreement and understanding between you and
us and governs your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).Any ambiguities in the interpretation of these Terms
of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAWThese Terms of
Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICEYou
can review the most current version of the Terms of Service at any time at this
page.We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 20 - CONTACT INFORMATIONQuestions
about the Terms of Service should be sent to us at flowtank@gmail.com a problem
with your order?We have a 12 month warranty on all of our equipment - contact
our support team on flowtank@gmail.com
Late or missing refundsYou will receive an
email confirming the cancellation of your order as soon as we process your
request. If you do not receive this email, please contact us at
flowtank@gmail.com to confirm. Your refund may take up to five business days to
appear in your account. If you have not received it after that period, please
reach out to us at flowtank@gmail.com for assistance.
Exchanges (if applicable)Due to sanitary
concerns, we cannot accept returns for exchanges on any Flow Tank items that
have been delivered to our customers. We maintain this policy to prevent
potential contamination or alteration of our inventory. However, you may modify
your order before it is shipped, as long as it has not been sent out yet.
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