Returns, Privacy, Terms & Conditions
RETURNS/REFUND OF ITEMS
You can return an item for an exchange or to obtain a refund by contacting us within 30 days from the purchasing date. If you want a different item, then you’ll need to return the unwanted item for a refund and place a new order.
All requests must be placed within 30 days from the day you have received the order. When you exchange your order, please include the return label with the following details marked on it:
- The good/s name/s and quantity
- Which items you’d like exchanged or refunded
We’ll send you an email to let you know once we’ve received your return with the details of any refunds and exchanged items. Any exchanged items will be sent to the default delivery address on your account using the same delivery service as your original order. If we’ve refunded you for any items, the funds can take up to 10 working days to appear in your account depending on your bank/card issuer. Note that the customer is responsible for the return costs under any circumstances.
In any case, FlashFomo has no obligation to undertake or facilitate the return/refund of any goods, except as required by the law.
We may collect and receive information about users of our Services (“users,” “you,” or “your”) from various sources, including: (i) information you provide through your user account on the Services (your “Account”) if you register for the Services; (ii) your use of the Services; and (iii) from third-party websites, services, and partners.
Under the legal purposes of General Data Protection Regulation, EU 2016/679 (GDPR), FlashFomo Pty Ltd is set as the Data Controllers of this Privacy document and its inherent procedures.
1. INFORMATION WE COLLECT
Information You Provide
- Account Registration. When you register for an Account, we may ask for your contact information, including items such as name, social media channel URL, email address, and product ideas based information.
- Payment Information. When you add your financial account information to your Account, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor.
- User Content. You may publicly post content on our Services. In this case, you agree that your profile information and the content you post may be viewed and used by other users and third parties we do not control.
- Communications. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
Information We Collect When You Use Our Services.
- Usage of our services. When you use our services, we may collect information about your engagement with and utilisation of our services, such as processor and memory usage, storage capacity, navigation of our services, and system-level metrics. We use this data to operate the services, maintain and improve the performance and utilisation of the services, develop new features, protect the security and safety of our services and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
Information We Receive from Third Parties.
- Third-party accounts. If you choose to link our services to a third-party account, we may receive information about that account, such as your authentication token from the third-party account, to authorise linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.
- Third-party partners. We may also receive publicly available information about you from our third-party partners and combine it with data that we have about you.
2. HOW WE USE INFORMATION
We use the information we collect in various ways, including to:
- Provide, operate, and maintain our Services;
- Improve, personalise, and expand our services;
- Understand and analyse how you use our services;
- Develop new products, services, features, and functionality;
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the Service, and for marketing and promotional purposes;
- Process your transactions;
- Send you text messages and push notifications;
- Find and prevent fraud; and
- For compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
3. HOW WE SHARE INFORMATION
We may share the information we collect in various ways, including the following:
- Vendors and Service Providers. We may share information with third-party vendors and service providers that provide services on our behalf, such as helping to provide our Services, for promotional and/or marketing purposes, and to provide you with information relevant to you such as product announcements, software updates, special offers, or other information.
- Aggregate Information. Where legally permissible, we may use and share information about users with our partners in aggregated or de-identified form that can’t reasonably be used to identify you.
- Advertising. We may (now or in the future) work with third-party advertising partners to show you ads that we think may interest you. These advertising partners may set and access their own cookies, pixel tags, and similar technologies on our Services, and they may otherwise collect or have access to information about you which they may collect over time and across different online services.
- Third-Party Partners. We also share information about users with third-party partners in order to receive additional publicly available information about you.
- Business Transfers. Information may be disclosed and otherwise transferred to any potential acquirer, successor, or assignee as part of any proposed merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
- With Your Consent. We may share information with your consent.
4. LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.
In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
5. THIRD-PARTY SERVICES
You may access other third-party services through the Services, for example by clicking on links to those third-party services from within the Services. We are not responsible for the privacy policies and/or practices of these third-party services, and we encourage you to carefully review their privacy policies.
FlashFomo is committed to protecting your information. To do so, we employ a variety of security technologies and measures designed to protect information from unauthorised access, use, or disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. However, please keep in mind that the internet cannot be guaranteed to be 100 per cent secure.
7. DATA RETENTION
As requested by the GDPR, we retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
As GDPR provides, you have the full right accessing to certain information associated with your Account sending as an email. If you terminate your Account, any public activity on your Account prior to deletion may remain stored on our servers and may remain accessible to the public.
To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit FlashFomo’s ability to comply with a legal obligation; inhibit FlashFomo’s ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to FlashFomo or a third party.
9. YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
You have the following data protection rights:
- If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing us.
- In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing us.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing us.
- Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
10. YOUR CHOICES
You can use some of the features of the Services without registering, thereby limiting the type of information that we collect.
You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes.
11. POLICIES BREACHES
A data breach generally refers to the unauthorised access and retrieval of information that may include corporate and personal data. Managing data breaches is important to protect the personal data of our clients and their employees when a data breach occurs.
FlashFomo has implemented appropriate security measures to protect the data we collect about you, in order to prevent the distribution, loss or alteration (through lawful and unlawful actions) of it. We currently use the ‘Secure Sockets Layer’ (SSL) security protocol, but we cannot guarantee that the collected data will be fully protected. In this sense, any transmission of data will be at your own risk. In any case, if we identify a potential breach of our site (or of the information collected/content), we will inform you within 7 days from identification.
12. CHILDREN’S PRIVACY
14. INTERNATIONAL DATA TRANSFERS
In order to make browsing the site as convenient as possible, the Data Controller uses portions of code installed inside the browser, which assist in the provision of the service according to the purposes described (the “Cookies”). This site may use the following types of cookies:
- Essential technical cookies – These Cookies are necessary for the proper functioning of the site. They allow browsing of the pages, the memorisation of access credentials to make quicker entry into the site and to keep active preferences and credentials while browsing, as well as to save individual sessions users. Essential technical cookies make it possible to provide the service.
- Statistical and performance cookies – These Cookies make it possible to know how users use the site, in order to evaluate and improve its functioning, and better meet the needs of users. By means of statistical and performance cookies we can trace which pages are more and less frequented, the number of visitors, the time spent on the site by the average user and the way of arrival of these. Any information collected by these cookies is anonymous and not linked to the user’s personal data.
- Third-party cookies – This type of service allows interaction with additional functions present in the website, or other external platforms based functions. The information acquired from this site through the user’s interactions with these cookies is in each case subject to the settings relating to the management and protection of personal data of the individual platform with which the Website interacts.
User rights, denial and cancellation of cookies usage
At any time, without the consent of third parties, the user can manage preferences related to cookies directly within his web browser and prevent or limit the use of this technology used by second and third parties.
Through the same preferences of the web browser, the user can delete cookies already installed in the past, denying them access to sensitive data. In this sense, the user could receive a limited service or even not receive the provision of services at all.
Regardless of the set of information provided, the Data Controller informs that the user can use Your Online Choices. Through this service, it is possible to manage the tracking preferences of most advertising tools.
These terms and conditions are a binding legal agreement between us, FlashFomo, and you, the customer of the website (following as “the user”, “you”).
If you do not agree with one or more of the clauses in our legal documentation, please do not use our services.
In order to use the service, you must:
- Be over 18 years of age, or the earlier age at which persons are legally entitled to undertake purchases contemplated via the system applicable in your country of residence. In the event that you are 13 years of age or older, you must have a parent or guardian consent to accept the rules contained herein.
- Accept our legal documentation.
The user also guarantees that all data provided to FlashFomo at the time of signing the contract is true, accurate and complete and undertakes to keep it true. You must ensure that all information provided to you is complete and accurate. FlashFomo accepts no liability or responsibility for costs, delays or failure to provide Services arising in connection with or as a result of any inaccurate or incomplete information having been provided by you.
AMENDMENTS TO THE AGREEMENTS AND THESE TERMS
From time to time we may, at our discretion, make changes to the Service and/or our legal documentation and these terms. When we make significant changes to the legal documentation, we will notify users via the system. The continued use of FlashFomo after such changes, implies an express acknowledgement and acceptance of the changes.
The FlashFomo and the content provided through it are property of FlashFomo Pty Ltd or its licensors and we grant them to users under a limited, non-exclusive and revocable license for their personal and non-commercial use of the Service.
All FlashFomo trademarks, service marks, trade names, logos, domain names and all other features of the FlashFomo trademark are the exclusive property of FlashFomo Pty Ltd. This license does not grant any right to use the trademarks, FlashFomo service marks, trade names, logos, domain names, or other features of the FlashFomo trademark, whether for commercial or non-commercial use.
The user agrees not to use the FlashFomo Service (including but not limited to its content) in any way that is not expressly provided for by these Conditions.
Third party software collections included in the FlashFomo Service are licensed according to the rules set forth in these Terms.
FlashFomo respects intellectual property rights and expects users to do the same. FlashFomo has established some basic rules users should follow when using the Service to ensure that FLASHFOMO remains a product everyone can use. Please, follow these rules and encourage other users to behave in the same way. The following actions are not permitted for any reason:
- Copy, redistribute, reproduce, “extract”, record, transfer, perform or publicly display, transmit or make available to the public any part of the FlashFomo Service or Content, or alternatively make any use of the FlashFomo Service or Content that is not expressly permitted under the Agreements or applicable law, or that otherwise infringes the intellectual property rights (such as copyright) of the FlashFomo Service, Content or any part thereof;
- Use the FlashFomo Service to import or copy local files for which you do not have the necessary legal rights to do so;
- Reverse engineer, decompile, disassemble, modify or create derivative works based on the FlashFomo Service, Content or any part thereof, except as permitted by applicable law;
- Circumvent any technology used by FlashFomo, its licensors or other third parties to protect Content or Service;
- Sell, rent, subcontract or lease any part of the FlashFomo Service or Content;
- Circumvent any territorial restrictions applied by FlashFomo or its licensors;
- Remove or modify any copyright, trademark or other intellectual property notices contained in or provided through the FlashFomo Service (including for the purpose of concealing or modifying any proprietary or proprietary notices of any Content);
- Crawl within the FlashFomo Service, or use other automated means (including bots, scraper and spiders) to collect information from FlashFomo; Please respect FlashFomo, the owners of the Content and other users of FlashFomo. Do not engage in any activity, post User Content (if applicable) or register and/or use a user name that is or includes material:
- Offensive, disparaging, defamatory, pornographic, threatening or obscene;
- Illegal or designed to promote or commit illegal acts of any kind, including but not limited to infringement of the intellectual property rights, privacy rights or exclusive rights of FlashFomo or any third party;
- Malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with your access to the Service;
- Conceived or capable of causing disturbance or harassment to other users;
- Capable of faking or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;
- Which uses automated means to artificially promote content;
- Which involves the transmission of unsolicited mass messages or other forms of spam (“spam”), junk mail, chain letters or the like, including through the inbox of FlashFomo;
- That involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, which are not expressly authorised by FlashFomo;
- That connects, refers to or otherwise promotes commercial products or services, unless expressly authorised by FlashFomo;
- That interferes with or in any way disrupts the FlashFomo Service, tampers with, violates or attempts to probe, examine or vulnerability test the FlashFomo Service or computer systems or network, rules of use or any other security component, authentication measure or other FlashFomo protection measure applicable to the Service, Content or any part thereof; or
- That causes conflicts with the Agreements, as determined by FlashFomo.
We reserve the full right to terminate or suspend the user account if it violates one or more points enlisted above inherently to the user conduct. Additionally, we will have no responsibility inherently to any potential fraudulent or illegal transaction conducted by the user.
The password protects the user account, and the user is solely responsible for keeping it confidential and secure. You understand that you are responsible for all use of your user name and password within the service. In the event of theft or loss of your username or password, or if you believe there has been unauthorised access to your account by a third party, please notify us immediately and change your password as soon as possible.
PAYMENTS AND ORDERS
FlashFomo currently accepts Credit Card and PayPal as valid methods of payment. In this sense, using a specific method of payment, the user expressly demonstrates to be the legal owner or to have the full rights of use for the selected method.
In any case, FlashFomo may at its absolute discretion determine whether to accept your orders or provide Services to you. FlashFomo will notify you via the System if your order will not be accepted or the Services will not be provided to you.
LIMITATIONS AND SERVICE MODIFICATIONS
FlashFomo will make reasonable efforts to keep the FlashFomo Service operational. However, from time to time, some technical difficulties or maintenance operations may cause temporary interruptions. To the extent permitted by applicable law, FlashFomo reserves the right to modify or discontinue, periodically and at any time, temporarily or permanently, the functions and capabilities of the FlashFomo Service, with or without notice and without any liability to users, except where prohibited by law, for any interruptions, changes or terminations of the FlashFomo Service or other related functions.
TERMINATION AND CANCELLATION
The Agreements will remain in force until terminated by the user or FlashFomo. However, the user understands and agrees that FlashFomo may at any time suspend or completely deny access to the services to any user, without any written notice.
WARRANTY AND DISCLAIMER
Flashfomo tries to provide the best possible service, but the user understands and agrees that the FlashFomo service is provided “As is” and “As available” without any warranty or express or implied status of any kind. You use FlashFomo service at your own risk. To the maximum limits laid down by applicable law, FlashFomo and all content owners do not provide any insurance and deny any warranty or satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Flashfomo and the content owners do not warrant that in any way the FlashFomo service is free of malware or other harmful components. In addition, FlashFomo does not provide any insurance and does not warrant, affirm or assume the responsibility of any application of third parties (or its content), user content or other products or services published or offered by third parties on or through the service FlashFomo or a website linked through hypertext link or presented in a banner or other advertising. You acknowledge and accept that FlashFomo is not responsible for any transaction between user and suppliers third parties of applications or third-party products or services published on or through FlashFomo service. In this response, no advice or information provided for oral or written by the user to FlashFomo will constitute any form of warranty for FlashFomo. If prohibited by applicable law, some aspects of this section cannot apply to certain jurisdictions.
You agree that, to the extent permitted by applicable law, the only and sole remedy for any problems or dissatisfied with the FlashFomo service consists of stopping using the FlashFomo service. Even if FlashFomo does not assume any liability for third party applications or their content, and even if the relationship with these third party applications may be adjusted by separate agreements with those third parties, to the extent permitted by law only and only remedy offered by FlashFomo for any problems or dissatisfaction with third party applications or their content consist in uninstalling and/or stop using these third-party applications.
In the maximum extent permitted by law, in no event shall FlashFomo and its officials, shareholders, employees, agents, directors, affiliates, branches, successors, assignees, suppliers or licensors may be considered liable for (1) any indirect, special, incidental damages, punitive, exemplary or consequent; (2) any loss of use, data, business or useful (direct and indirect).
SEVERABILITY AND WAIVER
Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or at any level, such invalidity or unenforceability shall not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, and the enforcement of such provision shall be enforced to the fullest extent permitted by law.
Any failure by FlashFomo or third-party beneficiaries to enforce the Agreements or related clauses shall not void FlashFomo’s or third-party beneficiary’s right to do so.
FlashFomo may assign the Agreements or any part thereof, and may also delegate any obligations under the Agreements. You may not assign the Agreements or any part thereof, nor transfer or sublicense your rights under the Agreements to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold FlashFomo harmless from and against any damages, losses and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of: (1) your violation of this Agreement; (2) any User Content; (3) any activity in which you engage or perform through the FlashFomo Service; and (4) your violation of any law or the rights of any third party.
FlashFomo Pty Ltd operates in full accordance with the applicable international laws. In this sense, any dispute or legal controversy will be resolved in the exclusive international courts.
If you have any questions about the FlashFomo Service or Agreements, please contact us at email@example.com.