Website Terms of Use

  1. About us. https://flowscale.com/ (the "site") is a website operated by Flowscale Ltd ("we", "us", "our" ). We are registered in England and Wales under company number 12495217 and have our registered office at 132 Freemantle Road, Romsey, England, SO51 0AX.
  2. Our other websites and services. In addition to this site, we operate Runpack, Tasktrek and Visionpeak, check them out! Note that those websites and the services we offer through them are subject to their own terms and conditions.
  3. By using this site you accept these terms. By using our site, you confirm that you accept these terms of use ("terms") and that you agree to comply with them. If you do not agree to these terms, you must not use our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them. We recommend that you print a copy of these terms for future reference. We draw your attention in particular to the section titled "Our responsibility for loss or damage suffered by you".
  4. We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
  5. We may suspend or withdraw our site. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  6. We are not responsible for third-party websites our site links to. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the information on those sites or resources.
  7. How we may use personal information. We will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of personal data and information, as described in our Privacy Policy .
  8. Our trademarks are registered. "Flowscale" and "Retropack" are UK registered trademarks of Flowscale Ltd. You are not permitted to use them without our approval.
  9. Rules about linking to our site.
    1. We encourage you to link to any page on our site, provided you do so in a way that is fair and legal, complies with our terms and does not damage our reputation or take advantage of it.
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. Our site must not be framed on any other site.
    4. We reserve the right to withdraw linking permission without notice.
    5. If you wish to link to or make any use of content on our site other than as set out in these terms, please contact us at [email protected].
  10. Our site’s content is our intellectual property. Content displayed anywhere on our site is our intellectual property. Although you’re permitted to link to our site (subject to the terms above), you are not permitted to copy or use any of our content without our permission.
  11. You may only use our site for lawful purposes. You may not use our site: in any way that breaches any applicable local, national or international law or regulation, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  12. We are not responsible for viruses and you must not introduce them.
    1. We do not guarantee that our site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
    3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  13. Suspension and termination.
    1. We will determine, in our discretion, whether there has been a breach of these terms. If you breach these terms, we may take any action we deem appropriate, including:
      1. Immediate, temporary or permanent withdrawal of your right to use our site. (including suspension or termination of your right to use our other websites and services, see the section titled "Our other websites and services")
      2. Legal proceedings against you, including for reimbursement of all costs resulting from the breach on an indemnity basis (including, but not limited to, reasonable administrative and legal costs).
    2. You will be liable to us and agree to indemnify us for any breach of these terms (or any other act or omission by you that results in our legal responsibility to any third party). This means you will be responsible for any loss or damage we suffer as a result of your actions.
  14. Our responsibility for loss or damage suffered by you.
    1. Whether you are a consumer or a business user:
      1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
      2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any premium service we provide to you, which will be set out in our Terms of Business.
    2. If you are a business user:
      1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content or contributions on it.
      2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
        1. use of, or inability to use, our site; or
        2. use of or reliance on any content or contributions displayed on our site.
      3. In particular, we will not be liable for:
        1. loss of profits, sales, business, or revenue;
        2. business interruption;
        3. loss of anticipated savings;
        4. loss of business opportunity, goodwill or reputation; or
        5. any indirect or consequential loss or damage.
    3. If you are a consumer user:
      1. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      2. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by applying a software update offered to you free of charge or to have reasonable security measures in place.
  15. Miscellaneous.
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to any person or entity. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. We will not lose our rights under these terms by reason of any delay by us in enforcing those rights.
    3. If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
    4. These terms, and all other agreements or documents referenced in them, constitute the entire agreement as to your use of and our provision of the site.
    5. If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction (except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland).
    6. If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
  16. Interpreting these terms. In these terms, the following rules of interpretation apply:
    1. A "person" includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
    2. A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted includes any subordinate legislation made under that statute or statutory provision as amended or re-enacted.
    3. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
    4. Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
    5. A reference to writing or written includes emails.
    6. Clause headings are inserted for convenience only and shall not affect the interpretation of these terms.
  17. How to contact us. To contact us, please email [email protected].