Terms and Conditions

UPDATED: [08/09/2015]
Latest Update: Information Regarding Demands.

 

Flubit.com is a demand-driven marketplace for retailers and individuals. Flubit Limited is a privately owned company registered in England & Wales, Company No: 07431943

Flubit is in no way connected, associated or partnered with any third party company it requests a URL from – unless explicitly stated.

You may only use Flubit.com under these Terms and Conditions and by signing up for a Flubit account; you are deemed to accept these terms and conditions as amended from time to time.

While every effort has been made to cover all elements of the Flubit service within these Terms and Conditions it is also expected that standard e-commerce practices must be followed and each individual/ company is expected to act in accordance with UK Law.

If you have any questions about this User Agreement, please contact Customer Support

You may make enquiries about these Terms and Conditions by e-mailing us on talktous

Unless the context requires otherwise, the following terms shall have the following meanings in these Terms & Conditions:

  • "Account/Account holder/User" means any person, persons or company who have signed up to use or explore Flubit.
  • "Categories/Departments" means sections of the Site separated to sort Services by structure.
  • "Content" means information on the Site.
  • "Flubit" means including our parent, subsidiaries, affiliates, officers, directors, agents and employees and any sub-service for example: WeFlubit and all domains.
  • "Flubit Users/Buyer" means the account holder who aims to purchase products by using the Service.
  • "Flubit Offer" means the purchasing process by which the Service occurs on Flubit.
  • "Identity" means information relating to an individual given to prove identity.
  • "Product" means the advertised for sale item of a Flubit Offer or Demand.
  • "Seller/Retailer" means the account holder who aims to sell stock/products by using the Service.
  • "Service" means the advertised and intended operations of Flubit.
  • "Site" means the website and online presence of Flubit.
  • "Spam" means unwanted/unsolicited e-mail.
  • "Staff member" means an employee or contractor for Flubit.
  • "We/Us" means Flubit.
  • "You" means the individual or person acting on behalf of a company.

Clause, schedule and paragraph headings are for ease of reference only and do not affect the interpretation or construction of this Agreement.

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement and any reference to this Agreement includes its Schedules.

Words in the singular shall include the plural and vice versa.

A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

A reference to writing or written includes faxes but not e-mail, unless specified herein.

Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words without limitation following them.

Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.

Any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.

References to Clauses, Sub-clauses and Schedules are to the Clauses and Schedules of this Agreement.

Eligibility

In using the Service you must at all times:

  • Be able to enter into a legal contract.
  • Be at least eighteen (18) years of age minimum.
  • Only hold one Flubit account at any time.
  • Only use a valid e-mail address.
  • Ensure that all information provided is true, accurate and not misleading at the time of writing.

In using the Service you must not at any time:

  • Use someone else’s Flubit account.
  • Gain access to another Flubit account.
  • Buy or sell any Flubit account or account information.
  • Impersonate another Flubit user or Flubit account holder or try to mislead or trick Flubit in order to gain any advantage.
  • Post inaccurate, false, misleading, defamatory or libellous Content.
  • Post information and/or Content onto the Site that may harm Flubit or any of its account holders, employees, consultants, officers, directors, shareholders, agents or any member of the public or any other person whomsoever or whatsoever.
  • Manipulate or gain advantages over other Flubit users and/or account holders in a manner not intended by the services guidelines and/or help tools.
  • Resell items bought on Flubit for business purposes.
  • Lie or send misinformation regarding the delivery of any item.

Flubit's rights

All information and Content on the Site remains the copyright and trademark (registered or unregistered) of Flubit. You may not copy, modify or distribute this content unless offered as a service.

The information and/or content on the Site is the property of Flubit and, unless offered as a Service, users and/or account holders are not permitted to distribute, download, store, spam or abuse any data obtained or gleaned from the Site.

Flubit may at any time without notice to you:

  • Terminate, delay, suspend, alter or completely remove the Service or any part thereof.
  • Remove offensive, derogatory and/or abusive Content and close the account of any account holder reasonably suspected of producing, uploading such Content.
  • Interrupt or delay the Service or any part thereof for such time as is necessary and for any reason related to the business operations of Flubit.
  • Take technical and/or legal steps to remove any user and/or account holder entirely from the Site if, in its reasonable belief, the user/account holder is or has engaged in activities contrary to any of these Terms and Conditions.

Flubit is not responsible for any loss any user or account holder may incur as a result of using the Service.

Flubit has the right to use any Content and/or information submitted to the Site for any purpose including but not limited to, publicity, marketing, service improvements, including use on 3rd party applications.

Spam and Unsolicited Messages

Flubit will only send out account information e-mails to users and/or account holders who have agreed to receive such e-mails.

Promotions, Updates, Changes, Advertising and Service updates, are not regarded as Spam.

No account holder may use data obtained or gleaned from the Site to send out e-mails that do not directly relate to the Service.

Any services on Flubit that allow users to communicate are offered in good faith with an understanding that any communications will be good natured and sent with good reason. We will not tolerate communication that has seemingly no reason and/or is an advertisement for a third party service/product.

Any communication or data transferred over the Site may be scanned, filtered and monitored. You are responsible for any communication or actions from your Flubit account.

Flubit will cooperate with any regulatory and/or law enforcement agency, from any country where necessary to provide or hand over information that is lawfully requested.

Abuse of Flubit service and interface

While we will make every effort to remove out of date information from the Site, we can accept no responsibility for any information on any page (including ‘content’ pages) that is not accurate or is out of date.

You agree (as a user or account holder) that you will not, in a group or by yourself, authorise, employ, lease, knowingly allow or solicit:

  • Any robot, spider or other automated means to access Flubit.
  • Any service (free or paid for) that automates interactions with the Flubit services that are intended for genuine human involvement.
  • Any action that imposes unreasonable or disproportionate loads on our technical infrastructure; we hold the authority to determine and define this action.
  • Any action that removes, modifies or deletes any data from the Flubit servers outside intended means to do so by the service options.
  • Any actions that Copy, reproduce, modify, create derivative works from, distribute or publicly display any content from Flubit without express permission.
  • Any unauthorised 3rd party tool that interferes (actual or attempted) with the service, and reduces or hinders use to yourself or any other users.
  • Any activity that can or tries to bypass any security measures we may use to prevent or restrict access to the Site.

General Account Holder Information

The Site allows users to share personal information with us and with other users.

Flubit will use its reasonable endeavours to keep your personal data private and secure.

Flubit accepts no liability for any form of obtrusive, illegal, unintended, hacked activity that ultimately leads to the release of personal data.

You may at times be shown the information of other users who Flubit believe share similar interests, have been involved in the same actions as yourself, or may have reason to be grouped together. While every effort is made to keep this sharing as targeted as possible, some users may abuse the system or Flubit may interpret inputted information incorrectly. For this reason Flubit can take no liability for how this information is shared correctly or incorrectly.

 

Flubit is unable to fully safeguard or control how other account holders may use your information and for this reason we encourage you to evaluate the information you provide to the Site and understand, before submitting, how your data will be used. In return we expect you to respect other users data and treat it how you would treat your own.

Charges from Flubit

For the UK market, Flubit operates in Great British Pounds. Any charges from Flubit will be made visible on the Site before any payment is taken (this does not include agreed recurring payments). There are various services where a fee may apply and each service clearly lists how this fee is applied. You will be responsible for any additional taxes or any other charges that occur from using the Service.

Please see the appropriate section within these Terms & Conditions relating to payments and/or fee charges for your desired activity with Flubit.

Use of all account content

By uploading, adding or submitting content to the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the Content, in any media known now or in the future. In addition, you waive all moral rights you have in the Content to the fullest extent permitted by law.

Flubit will not be held responsible for any inaccuracies in our search results or listed data. You will also remain responsible for any data submitted to Flubit and must ensure that you alter, amend or delete any information that is no longer relevant.

You agree not to post, upload or supply in any way any Content (or links to content) that:

  • Is obscene, fraudulent, indecent, discourteous, racially offensive or abusive;
  • defames, abuses, harasses or threatens others;
  • contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • advocates or encourages any illegal activity;
  • violates the privacy of individuals, including other users of the Site; or
  • violates any applicable local, state, national, or international law

General Liability/Indemnity understanding

In addition, and not replacing any other release from and/or limitation of liability under these Terms & Conditions, Flubit will not be liable for:

  • Any actions by users or account holders (including information posted, uploaded, items listed, sold or bought) that do not represent the Service
  • Any actions by users or account holders which are in breach of any code of conduct or guidelines issued by us at any time.
  • Any fraudulent items sold via the Service.
  • Any review, statistic or calculation that is not factually representative.
  • Any 3rd party service (e.g. payment) where Flubit has no control.
  • Any sale and purchase conducted through the Site where the purchaser is another user or 3rd party.
  • Any falsity in user-provided account information.
  • Any business losses, such as loss of data, revenue, opportunity, reputation, goodwill, profits, or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use Services.

Any failure on Flubit’s behalf to act immediately or in reasonable time to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Regardless of the above list, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) Fees and Services you paid to us in the 12 months prior to the action, giving rise to the liability, and (b) £100.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Nothing in these Terms & Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Data protection

Your personal data and privacy is important to Flubit. Please see our Privacy Policy which forms part of these Terms & Conditions.

Advertisements

While many services and results on Flubit are formed ‘organically’, we may at any time and at our discretion alter elements of the Site to benefit companies or individuals who have purchased preferential rights to gain additional/favoured exposure.

Flubit may place any form of advertisements at any place on the Site.

To the extent reasonably practicable, we may indicate on the Site which goods and services are advertisements for any promotion that falls outside the Service. You are free at any time to select or click on these advertisements at your free will.

Links to and from other websites

Some services on Flubit have a high proportion of external links to third party websites over which we have no affiliation or control.

Third party websites are linked to the Site to provide information and are intended to be for your convenience. While every effort has been made to guide content posters (account holders) as to the correct information to link to, we have no control over and do not accept any responsibility and/or liability for any content, data or other elements you may encounter on any third party websites.

Flubit may become integrated closely with various social networking websites (such as Facebook) and we similarly do not accept any responsibility and/or liability for any loss or damage that may arise from your use of any social networking website whether such use is through or in conjunction with the Site or not.

All users and/or account holders are deemed to accept and understand that access to any third party websites is entirely at their own risk.

Release

We understand that due to the social nature of the Service your involvement with other users and/or account holders may extend beyond the Service and may extend outside the platform Flubit provides. For this reason you release Flubit from any claims, demands and damages of every kind associated with or arising out of or in connection with such extended use and/or involvement.

 

You hereby agree and undertake to compensate and/or indemnify Flubit for any misuse or abuse that breaches these Terms & Conditions or your use/misuse of the Site which results in any losses, damages, fines, compensation or costs (including reasonable legal fees).

Use of the Site does not at any time render you the partner, agent, joint venture, employee-employer, franchise-franchisee of Flubit.

Notices

Any legal notices can be validly served on Flubit only in original written form and sent by registered mail:

LEGAL NOTICE - The Chief Executive Officer
Flubit Limited
Metropolitan Wharf,
70 Wapping Wall,
London, E1W 3SS

Any response may be made by return post if suitable details are given for us to process in this way.

Alternatively, we may serve you any notice by registered mail to the address you provided during the registration process.

Notices sent to either party by Royal Mail registered/tracked mail shall be deemed to have been received by that party three days after the date of mailing OR after the tracking notification shows it has been received.

Third Party rights

A person who is not a party to these Terms & Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 (“Act”) to enforce any term of them but this does not affect any right or remedy of a third party specified in them or which exists or is available apart from the Act.

Governing law

These Terms & Conditions shall be construed in accordance with the laws of England and Wales including any dispute arising out of in connection with them.

Any dispute arising out of these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of England.

Terms of use

Use as a “Flubit Users”:

Buyer registration

Why register: In order to provide you with a fully featured customer service both before and after any potential sale, we need you to register. Registration is also used to protect your personal details and provide you with an easy access point when needing to review past and present orders, along with details relating to them.

How to register: Depending on the Flubit service, registration can be completed from many Site pages or on by using the service itself. You may be able to register through a third party account (for example Facebook) where you will grant us certain rights to collect information from this outside source. Should you delete this account and/or the 3rd party become unavailable for any reason, you may no longer be able to access your account. Flubit will request certain information from you including, but not limited to, your name, postcode, e-mail address and payment details and by entering into the registration process you authorise Flubit to collect, store and process this information in accordance with the Flubit Privacy Policy.

Passwords: You will be automatically assigned a password when registering your e-mail on the Site if you are not asked to provide one at registration. We strongly recommend that you change the issued password to one of your own choice. This password is very important to your use of the Service and to your security. Accordingly, you must keep the password confidential and you must refrain from letting others know about it at all times. You agree that any person to whom you disclose your password is authorised to act as your agent for the purposes of using the Service and you release Flubit of any liability from the consequences (financial or other) that may follow as well as giving the same undertaking in respect of such other person’s use of the Site as you give at “RELEASE” above.

Valid E-mail Address: Every account registered on the Site must have a valid and genuine e-mail address and/or 3rd Party account that links to a valid e-mail address of your own. Any accounts that have been registered without a valid e-mail will be terminated without notice. It is usual practice for Flubit to require verification by way of e-mail for any new e-mail account and/or change of e-mail.

Closing Accounts: We have the right at all times to close an account at any time, with no notice and with no obligation to fulfil any account order or recover any financial loss on your behalf howsoever suffered.

Multiple logins: While we accept people may use multiple logins by way of division between personal/business and other uses on the Site, we reserve the right to take action across all your accounts if required.

Flubit users protection & resolution guidelines

While Flubit will make every effort to create a fair, peaceful community, we rely on our user and/or account holders to make us aware of misconduct or additional issues related to any of the Service from any users and/or account holders.

In order to achieve the safest environment for our Flubit Users we have created a set of Flubit Users “Resolution Guidelines” which will help resolve disputes with Sellers and other account holders:

Resolution Guidelines:

  • You should adopt normal internet-advised security measures before buying online.
  • You should always keep in mind that despite efforts, Flubit may not be able to fully vet every Seller and you should therefore exercise due care when buying through the Site.
  • Although Flubit aims to list exact, like for like matches to any web URL they provide as a reference, you should carefully read through the Flubit Offer before purchasing; you are purchasing the product description of the Flubit Offer, NOT the website from which you made your original demand.
  • You should take the time to read through and understand all polices, including but not limited to, warranty, postage, returns and Seller individual terms & conditions before committing to purchase.
  • If you purchase an Offer we automatically request payment for the money from your provider. If the payment is made you are deemed to have purchased this Offer. If your funds fail to be taken, Flubit will attempt to capture the payment (without notice) for the next 3 working days.
  • Your point of contact at all times regarding a Offer, before and after any sale is the Seller. The Seller will provide sufficient contact information to ask questions or seek further advice. Where possible make sure you receive any advice in writing.
  • Any request for a refund, exchange or dispute should first be placed through the Seller. If this is not resolved it should then be placed with your payment provider (credit card etc) and lastly via Flubit customer services. However Flubit customer services will always be on hand to guide you through the correct process to keep your resolution time minimal.

Payment

We use Stripe for all our transaction processing as it is a highly recognised, reputable and reliable system.

Once you choose to purchase a Flubit offer and click pay, you will be taken through the payment process managed by Stripe, where you should follow the online instructions.

Authorise and capture

Authorise and Capture of payment may occur in different ways. By standard Authorise and Capture happens instantly on a purchase on the Flubit platform, however there are times when we may separate this process. When we authorise your payment we request clearance from your provider for the money to be made available to us. During this time of authorisation although no payment will be taken from your account the money may not be available for you to spend (the assigned amount) outside the Flubit environment. If we do not receive authorisation from you, or authorisation is rejected at any stage we have the unqualified right to cancel your participation in the relevant Offer and you will have no further participation from the point of cancel. Once authorisation is confirmed you have fully committed to your purchase and cannot reverse this.

Capturing payment is the process when we take money from your account. Generally we will do this when the when you purchase the Offer. However we may capture payment at a later date if you are purchasing a service or product from Flubit that requires a delayed payment.

We understand that our Flubit Users are the key to our business, therefore security is of paramount importance and with Stripe’s strict controls we can be sure our high standards are enforced. Despite this, Flubit accepts no responsibility and/or liability for any problems, fees, security issues, losses, damages arising in connection with or out of any 3rd Party API, Service or application.

Refund/Return policy for buyers

It is the Seller’s responsibility to list its Refund/Return Policy for Flubit Users to read and understand. However it is the Flubit Users responsibility to fully understand the agreement they are entering into and the options available to them in the event of a Refund, Return or disagreement scenario.

At all times your first point of contact is the Seller. The Seller will have the ability to offer and process refunds at its discretion, in accordance with the agreement you have signed up to by accepting the Seller’s terms & conditions. Whilst Flubit will endeavour to help with any situation, Flubit does not have any obligation to become involved with decisions between Flubit Users and Sellers.

At all times if there is an inconsistency between these Terms & Conditions and the Seller’s terms & conditions which affects the use of the Site or your activities on the Site, these Terms & Conditions are agree to take precedence and you agree that these Terms & Conditions shall prevail in relevant dispute between you and us.

Demand

Starting a Demand: Starting a Demand on Flubit is a process that allows you to show a visible expression in private (unless stated otherwise) of your desire and hopeful intention to purchase a product or service at a better offer than the one you have found.

In respect of any Demand you understand and agree that:

  • Starting a Demand does not obligate you to buy a product or service on or outside the Site.
  • You have a firm and unprecedented desire to purchase the product at the current offer price you have found, and you understand that you are looking to use Flubit to find a better price for it.
  • The information entered on the Demand “set up” form, whatever platform this is located on, is to the best of your knowledge as accurate as possible.
  • The selling price you enter is either accurate from the referenced URL at the time of posting or able to be found online without registration required (and is not on offer or deal at the time of listing).
  • Flubit do not guarantee or promise a successful response to any Demand.
  • Each demand is for the product only, and cannot be used in conjunction with any other offer, voucher, cashback, manufacturer deals, trade-in or other promotions.

Cancel a Demand: If your circumstances at any point in time prior to completion of a Flubit offer change, you may cancel a Demand using the relevant options available to you on the Site.

Edit a Demand: If your circumstances at any point in time prior to completion of a Flubit Offer change, you may edit a Demand using the relevant options available to you on the Site. Editing a Demand may reset any previous information about the Demand.

Demand Accuracy: To the best of your ability you will always enter accurate information into a Demand form

Demand preferences

It is your responsibility to update and monitor your Demand preferences in regard to, but not limited to, notifications.

Purchasing a Flubit Offer

Flubit Offer Transaction Stages: Please see the information under the header of PAYMENT for more information on this.

Send you E-mails: Flubit will e-mail you at important stages of your journey through a Flubit Offer. These stages include Purchase, Progress and Completion.

Lost/ Stolen Account Information: It is your duty at all times to make us aware if your account information is lost or stolen.

Value Added Tax: Flubit makes every effort to include Value Added Tax (VAT) for the UK only on all listings. We cannot make allowances however for countries outside the UK where further tax implications may apply.

Obligations

Seller Terms: You should note that Sellers will have a separate set of Flubit terms & conditions to follow for their use of the Flubit service. You must also understand that the Seller will also add their own terms & conditions to the Flubit Offer and it is your duty to fully understand them.

Accurate Information: At all times Flubit tries to make sure that all information on the Site is accurate. We also require all account holders only submit accurate information. We cannot be liable for any user submitted information on the Site, including purchases.

Content of Information: It is the aim of Flubit to make the Content suitable for a family audience at all times. For this reason you are refrained from posting any Content which may be classed as unsuitable according to this standard and as adjudged by us at our sole discretion.

Notifications

We will aim to notify you by e-mail at all important instances throughout the Flubit process. Whilst we will do our best to make sure these notifications are regular and up to date we cannot be responsible for any impact they may have on your decision making process or usability of the Service. You have options to turn off e-mail notifications in your Account page. We are not responsible for how these e-mails are delivered.

Account information

The information stored in your Flubit account is deemed as private and we will offer security measures to the best of our ability in order to keep this information secure. We do not hold your payment information on file (See Payment) however Sellers will have access to your postal address, e-mail and further information required in order to process your Demands and Flubit Offers. While every Seller has agreed to access information responsibly and only use this information to complete sales (Flubit Offers) dispatch your goods and/or services and offer a high level of customer service, we have no responsibility and/or liability arising out of any Seller’s use of information you have provided.

Complaints/Problems

We understand that the Service, despite our best intentions, may at times have issues such as bugs and/or other conditions that will ultimately hinder the Service from performing as intended. We also are aware that with 3rd parties utilising the Site many aspects of our Service are beyond our control and we can accept no responsibility and/or liability arising out of in connection with this.

For any complaints or problems please contact the customer service options available from the Site.

Name & E-mail

You are required to register with a valid e-mail address. You should note that when choosing your postage options on our Site it is best to provide your real name in order to save confusion with any delivery firms but this is a matter of good practice and not a requirement. You may be asked to verify your e-mail on sign up. If you are unable to verify your e-mail then you will not be able to use the Service. Please check all spam/junk filters if you do not receive an e-mail confirmation from us.

Flubit users vs Seller agreement

It should be understood at all times whilst using Service that the consequent contract for purchase is between the Flubit Users and the Seller. Flubit acts as facilitator of the sale only.

As a seller

By signing up as a Seller you agree you have read, understood and agree to the Terms & Conditions associated with being a Flubit Users (buyer).

Flubit Chrome Extension

By opting to install the Flubit Extension you give Flubit express permission to:

  • Collect and aggregate anonymous information about the products you are viewing on Flubit enabled websites.
  • Insert & Promote the Flubit button and offerings into your online shopping experience, at places where Flubit deem respectable and appropriate.

Flubit’s Chrome Extension works in conjunction with Flubit’s strict privacy policy, and at all times we look out to maintain the sanctity of your continued privacy.

You understand that you can turn off the Flubit extension at any time within the Chrome Extension manager.

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