Terms & Conditions

Last Updated September 28, 2015.

Terms of Use

Acceptance of Terms and Conditions 1. This website (www.flaunter.com) (“Website”) is owned and operated by Flaunter Pty Ltd ACN [158 542 208] (“Flaunter”, “we” or “us”). By clicking on the button accepting these Terms of Use, the users (“You”) agree to become bound by all the terms and conditions of these Terms of Use.

2. The Terms apply to all visitors and users of the Website, including users who contribute content or information and subscribers to other services on the Website. The Terms also apply to individuals or entities on whose behalf a user accesses the Website. If You do not agree to the Terms, do not use the Website. By accessing or using the Website, You warrant that You have read, understood and agree to be bound by these Terms and Conditions.

3. These Terms apply equally to the use of the blog site of Flaunter at http://www.flaunter.com/blog/ (“Blog”). If You do not agree to the terms, do not access and view the Blog. Unless expressly excluded or specified, all references to “Website” hereafter refers to the Blog as well.

4. We may revise, modify or change the Terms at any time at our sole discretion with or without notice. Your continued use of the Website after we post changes to the Terms constitutes acceptance of the Terms as modified. It is Your responsibility to regularly review the Terms. If You object to any changes, the only remedy is to discontinue Your use of the Website.

5. For purposes of this Terms and Conditions, the following terms shall have the following meanings:

“Brand Materials” refers to the images and any other content that is posted or otherwise provided or transferred to the Website by the Brand Managers of the respective brands, logos, marks, products and services managed by them;

“Account Holder” refers to all users with a registered account on Flaunter website;

“Brand Owner” means the individual or entity that own the brand(s) posted and uploaded on the Website by its Brand Manager;

“Brand Manager” refers to the person who wishes to use the Website to upload and post the Brand Materials managed by it, and is solely responsible for managing the Brand Profile as well as all activities that take place in the Brand whether or not the Brand Manager owns the Brand Materials;

“Brand” and/or “Brand Profile” refer to the space allocated to the “Brand Manager” on the Website for the purposes of managing the Material and Content;

“Material and Content” includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Website and includes Brand Materials; and

“Services” means the services offered by Flaunter on the Website.

6. Categories of Users

6.1 Account Holders
You must be an Account Holder to access the Content and Material on the Website or upload and post any content to the Website. This refers to registered individuals, businesses and entities who wish to use the Brand Materials for the purposes authorized by the Brand Owners. Account Holders include the following:
(a) Users who wish to use the Brand Materials for the purposes authorized by the Brand Owners; or
(b) Brand Managers; or
(c) Media partners.

6.2 Where You are a Brand Manager as referred to in Paragraph 6.1 above, You warrant and represent that You have full power and authority to enter into and perform this Agreement and that this Agreement will be binding on You. You further warrant and represent that You are responsible for all activities that take place in Your Brand Profile whether or not You own the Brand Materials, that You have the right, authority and permission to upload and post the Brand Materials on the Website, and that this Agreement will be binding on You; or

6.3 Where You are an individual, You warrant and attest that You are of the age of majority. You further agree that You fully understand the contents, meaning and impact of this Agreement and that this Agreement will be binding on You. Where You are a corporate entity, You warrant and represent that You have full power and authority to enter into and perform this Agreement and that this Agreement will be binding on You.

7. Services and Limitations:

7.1 The Services offered on Flaunter Website change frequently, and their form and functionality may change without prior notice to You.

7.2 Flaunter retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Flaunter may also impose limits on certain Services or aspects of those Services or restrict Your access to parts or all of the Services without notice or liability. Flaunter may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, without any liability to You for any cost, expense or damages whatsoever. Flaunter may also suspend Accounts (as herein defined) at any time, at its sole discretion.

8. Registration

8.1 As a pre-requisite to access the Services of Flaunter Website, You are required to create an account (“Account”) and select a password and a user name.

8.2 You should provide Flaunter with accurate, complete, and updated registration information, particularly Your e-mail address, and failure to do so may result in suspension of Your Account.

8.3 You agree to be responsible for maintaining the confidentiality of Your passwords or other account identifiers which You choose and all activities that occur under Your account.

8.4 By registering on the Flaunter Website, You agree that:
(i) Your account and password are personal to You and may not be used by anyone else to access the Flaunter Website;
(ii) You will not do anything which would assist anyone who is not an Account Holder to gain access to any registration area of the Flaunter Website; and
(iii) You will not create additional registration accounts for the purpose of abusing the functionality of the Website, or other users; nor will You seek to pass Yourself off as another user.
(iv) You agree to notify us immediately if You become aware any unauthorised use of Your password or account identifiers by others.

8.5 Flaunter reserves the right to refuse registration of, cancel of Accounts at its sole discretion.

8.6 You can sign up to receive email alerts from Flaunter by completing the Registration Form. It is a condition of registration that You provide a valid email address and a password. You agree not to provide this password to any third parties.

9. Flaunter will not be held liable for:
(a) errors or omissions to the Website, or any linked websites;
(b) delays to, interruptions of or cessation of services provided on the Website, or linked websites;
(c) defamatory, offensive or illegal conduct or use of the Website, whether caused through the negligence of Flaunter, its employees or independent contractors, or through any other cause.

10. You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Flaunter’s computer systems or the computer systems of other users of the Website. “Hacking” means unauthorised access (including using another user’s login), malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

11. Specifically, You will expressly agree to refrain from doing, either personally or through an agent, any of the following:
(a) Transmit, install, upload or otherwise transfer any virus bot, worm, or any other computer code, file or program, advertisement, communication, or other item or process to the Website that in any way affects the use, enjoyment or service of the Website, or otherwise interrupts, destroys or limits the functionality of Flaunter’s computers, servers or databases;
(b) Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms;
(c) Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Website or Flaunter;
(d) Use the Website to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights;
(e) Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Website;
(f) Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Website;
(g) Transfer the Website content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Website content; or “deep link” to the Website content;
(h) Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Website.

12. You understand that the technical processing and transmission of the Website may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Flaunter assumes no responsibility for the deletion or failure to store postings of content or other information submitted by You or other users to the Website.

13. The Blog

13.1 Flaunter shall be entitled to upload and post any of the Brand Materials onto the Blog for purposes of marketing and promoting the Website and notifying Users and any interested parties of updates on the Services, Content and Materials. Flaunter may at its sole discretion install and feature an RSS Feed service via the Website or Blog to update its users of new Material.

13.2 The Brand Materials posted on the Blog are only for non-commercial personal use and for viewing by users, and not intended for any downloading and transmission by visitors to the Blog. Flaunter will not be liable for any unauthorized downloading, reproduction and use of the Brand Materials from the Blog.

14. Third Party Websites

14.1 The Website contains links to third party websites that Flaunter does not own or control and Flaunter does not review or edit the content of any third party websites and assumes no responsibility for the content, policies or practices of any third party website. You expressly agree to release Flaunter from any liability that arises from Your use of a third party website.

14.2 Flaunter does not control, or endorse any Material and Content, message or information posted on the Website and disclaims any liability in connection with use of the Website or any actions resulting from Your use of the Website.

15. Subscriptions and Services are available for a fee to Account Holders. However, any subscription services may be altered, revised, modified or terminated at any time, with or without notice. If Your subscription is terminated by You or us for any reason, You will not receive a refund of any subscription fees.

16. Pricing Terms and Conditions

30 Day Free Trial Offer

This offer (the “30 Day Free Trial Offer”), which is made to You by Flaunter, entitles You access to the Unlimited package for a period of thirty (30) days from the moment You register. If You decide that You do not want to become a paying user of Flaunter upon the lapse of the Free Trial Period, Flaunter reserves the right to delete all the assets and data uploaded to and contained within Your Free Trial account. If You decide that You do want to become a paying user of Flaunter You agree to accept our standard terms and conditions. You may only use this Free Trial Offer once. Flaunter reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer and/or the 30-Days Free Trial Terms and Conditions at any time without prior notice and with no liability.

Accounts

16.1 You may set up an Account on Flaunter website for free. Once You are an Account Holder, You will be able to browse, download, clipboard, and request samples without any charge.

Adding Brands

16.2 Flaunter offers Account Holders the option of adding one or more Brand Profiles to Your Account to store and display photos and documents. This may be done through the purchase of a Package. For a full list of package options see the Pricing Table in Your account settings. Upon purchasing a Package You may add as many Brand Profiles to Your Account as You need. There is a limit of one [1] label/brand’s images to be stored per Brand Profile.

16.3 Flaunter reserves the right to remove any Brand Profiles, photos, videos or documents for failure to comply with our terms of use. Flaunter also reserves the right to remove any Profiles, photos, videos or documents from the Brand Directory, Find Photos or Content Feed pages for failure to comply with our terms of use or if Flaunter deems the contents to be unsuitable and/or inappropriate.

16.4 Flaunter accepts valid credit cards issued by a bank acceptable to us. Flaunter retains the right to automatically charge Your credit card monthly or yearly, depending upon which payment option You select. If any fee is not paid in a timely manner, or Flaunter is unable to process Your transaction using the credit card information provided, Flaunter shall be entitled to revoke access to Your Account’s Package and Brand Profile/s. If You do not make payment of the outstanding amounts within seven (7) days after Flaunter provides You with written notification that Your Account is in arrears, Flaunter reserves the right to use our discretion to delete Your Brand Profile/s and terminate Your Account with immediate effect.

17. Payment

17.1 Upon receiving Your request to purchase a Package, we carry out a standard pre-authorisation check on Your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited once the request has been accepted.

17.2 The fees payable for any Packages added to an Account will be billed from the date You purchase a new Brand Package and on each monthly or yearly renewal thereafter unless and until You cancel Your Account. You may click on the “Account” tab on Your “Dashboard” page to view Your transaction history. Flaunter will automatically bill Your credit card each month or year on the calendar day corresponding to the commencement of any new Brand Packages added to Your account. Flaunter will bill the monthly or yearly fees corresponding to the Package that You have selected to the credit card You provide to us during registration (or to a different credit card if You change Your account information).

17.3 In the event Your Package begins operating on a day not contained in a given month or year, Flaunter will bill Your credit card on the last day of such month or year. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers or differing amounts due to changes in Your account and You authorise us to charge Your credit card for such varying amounts. All fees and charges are non-refundable and there are no refunds or credits for partially used periods.

17.4 Should You elect to change Your payment frequency from monthly to yearly, Your new payment amount will take effect on Your next bill. If You are billed monthly for a Brand Package on 15th of each month and on the 30th of the month You elect to pay for Your Package yearly, Your new yearly payment amount would be billed to the credit card You have provided us on the 15th of the following month.

17.5 Flaunter has the discretion to change the fees and charges in effect, or add new fees and charges from time to time, but we will give You advance notice of these changes by email. It is Your responsibility to keep Your contact information and payment information current and updated.

17.6 Flaunter shall be entitled to levy interest on any outstanding sums at the rate of [2%] per month from the date payment is due till the date payment is received.

18 Cancellation of Your Package

18.1 Your Package will continue in effect unless and until You cancel Your Package or we terminate it. You must cancel Your Package by written notice in the manner provided in Clause 18.3 at least [14 days] before the date of automatic renewal each month or year so as to avoid the automatic billing of the next month’s or year’s fees to Your credit card.

18.2 Packages are prepaid and are non-refundable. Flaunter DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel Your Package at anytime, provided You give written notice to Flaunter pursuant to Clause 18.3. Cancellation will be effective immediately. If You chose to cancel Your Package partway through a payment period You will continue to have access to Your Flaunter Brand Profile/s until the final day of Your final payment period.

18.3 If You wish to cancel Your \ Package You may do so by contacting Flaunter at accounts@flaunter.com Should You wish to cancel Your Package, please note that You will not be issued a refund for the most recently (or any previously) charged monthly fees. Please note that Flaunter reserves the discretion to allow Account holders access to Your Package for an additional seven [7] days after a Brand Profile/s has been cancelled.

18.4 By adding a Package to Your Flaunter account and providing Flaunter with Your payment account information, You hereby agree to these payment terms and conditions.

18.5 If You wish to downgrade Your Package You may do so by contacting Flaunter at accounts@flaunter.com. You must give notice at least [14 days] before the date of automatic renewal each month or year so as to avoid the automatic billing of the higher Package amount to Your credit card.

19. Data protection

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy here.

20. You are wholly responsible for all activities which occur under Your details, including but not limited to unauthorised use of Your credit card, products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by You. You are solely responsible for any loss or damage caused by use of Your details and/or password by You, or any other person. You are solely responsible for Your interactions with other users. Flaunter has no obligation to monitor or resolve disputes between You and other users of the Website.

21. Intellectual Property

21.1 The Brand Owners retain ownership of all intellectual property rights in their Brand Materials. However, when a Brand Manager uploads Brand Materials to the Website, Flaunter shall have a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available). The rights You grant in this license are for the limited purpose of operating the Services in accordance with their functionality and improving the Services.

21.1 The Brand Owners retain ownership of all intellectual property rights in their Brand Materials. However, when a Brand Manager uploads Brand Materials to the Website, Flaunter shall have a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available). The rights You grant in this license are for the limited purpose of operating the Services in accordance with their functionality and improving the Services.

21.2 For Account Holders, Flaunter grants You a non-exclusive, non-transferable and revocable right to access and use the Brand Materials and Website, which right is conditioned on Your compliance with the Terms. You may not access or use any content on the Website for any revenue-generating purposes. You shall republish, post, transmit or distribute any Brand Materials on the Website only in accordance with the express permitted use as stated on the Website by the Brand Managers or with the prior written consent of Flaunter. All rights not expressly granted in the Terms are reserved to Flaunter and the Brand Owners, and may not be exploited by You without our prior written consent.

22.3 Any of Flaunter trademarks and/or logos (whether registered or otherwise) may not be used without the prior, specific, written permission of Flaunter.

23.4 It is compulsory for all Account Holders when publishing Material and Content from Flaunter to credit the Brand Owners as owners of the content as well as Flaunter as the source of the content.

24. Warranties by Brand Owners

24.1 You warrant and represent to Flaunter the following in respect of all Brand Materials:
(a) You own or control all rights, title and interest (including copyright) in the Brand Materials and have the necessary rights, consents, licences, releases to upload and post the Brand Materials on the Website and permit the use of the Brand Materials in accordance to these Terms;
(b) the Brand Materials do not contain anything obscene, threatening, menacing, offensive, defamatory or abusive; and
(c) the use, reproduction, storage, publication, display, transmission and distribution of the Brand Materials on and through the Website in accordance to the Terms shall not constitute any breach of confidence or any breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violation of any applicable law or regulation or code, and You shall indemnify Flaunter, its officers, employees and agents against any third party liabilities, claims, costs, loss or damage we incur as a result of any breach of these warranties, including consequential losses and full legal costs and expenses.

24.3 Flaunter may choose to publish or not publish any material You submit to us and exercise our rights in relation to that material in our absolute discretion.

24.4 Flaunter accepts no liability for any content submitted by You or other users and third parties. Flaunter does not vet or pre-screen any material that You or other users and third parties have submitted to the Website, however we reserve the right to remove, at any time and without reason or prior notice or any liability any material submitted by You or other users and third parties.

25. Management of the Material and Content by Brand Managers

25.1 The Brand Managers retain complete control over access to the Brand Materials and are responsible for indicating the permitted use of the Brand Materials by Users.

25.2 The Brand Managers warrant and agree that any images and photographs uploaded as will be of at least 300dpi. Flaunter reserves the right to check the quality of the Material and Content on the Website from time to time, but for the avoidance of doubt, Flaunter will not be liable for any loss or damage suffered by any person in connection with Material and Content that is uploaded by the Corporate Users which is of insufficient quality.

25.3 Permitted Account Holders shall be allowed to use a Clipboard functionality to collect a sample of Material and Content from the Website via thumbnails, and share the Clipboards’ contents via unique URLs.

25.4 Brand Managers warrant and agree that any images and materials shared via ‘Unregistered User Links’ cannot be tracked and do not require recipients to create an account in order to view and access materials and content and will be done so at their own discretion and risk. Flaunter will not be liable for any loss or damage suffered by any person in connection with Material and Content that is shared via ‘Unregistered User Links’ (Back Door Links).

25.5 Flaunter reserves the right to suspend any Brand Profile that remains inactive for more than 14 days. A Brand Profile must include at least one album to be classified as Active.

25.6 A Brand Profile name must also identically match a Label/Brand name to be Active.

26. Termination

26.1 You or Flaunter may terminate this Agreement at any time by notifying the other party and any fees that have accrued as at the date of termination shall immediately become payable. Flaunter may also terminate or suspend Your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if You breach any of the terms or conditions of this Agreement. Flaunter may immediately terminate or suspend Accounts that have been flagged for Intellectual Property Rights infringement.

26.2 Upon termination of Your access to or ability to use the Service, including but not limited to suspension of Your Account on the Service, Your right to use or access that Service and any Content will immediately cease. Termination of Your access to and use of the Services shall not relieve You of any obligations arising or accruing prior to such termination or limit any liability which You otherwise may have to Flaunter or any third party.

26.3 Flaunter shall not be liable to You for any cost, expense, or damages whatsoever for termination of this Agreement.

27. Advertising and Sponsorship on Website

27.1 Parts of the Website may contain services, advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Website complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. Flaunter is not responsible for any such material or any error or inaccuracy contained in such material and any issues which You may have should be raised directly with the relevant advertiser or sponsor.

27.2 Flaunter contains contextual affiliate links from which we may potentially earn revenue. However, the content of our articles are never influenced by advertisers or an affiliate, nor are they written for the purpose of promoting a product.

28. Governing Law

These Terms and Conditions are governed by the laws of Australia. You consent to the exclusive jurisdiction of the courts of New South Wales to determine any matter or dispute which arises under the Terms and Conditions.

29. Severability

If any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

30. Relationship of the Parties

Nothing in these Terms and Conditions is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

31. Waiver

No waiver of any condition of the Terms and Conditions shall be deemed a further or continuing waiver of such term or any other condition. Any failure to assert any right under the Terms and Conditions shall not constitute a waiver of such right and shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of Your obligations.

32. Complaints and Breaches

If You believe that Your work has been copied and is accessible on the Website, in a way that would constitute copyright infringement, please contact Flaunter immediately, requesting that the material be removed, though we cannot guarantee that any action will be taken as a result of Your correspondence. If You are concerned about any content in this Website for any reason, please contact hello@flaunter.com for assistance.

33. Additional disclaimers

33.1 All Material and Content on the Website is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Website and or the Material and Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.

33.2 The Material and Content on the Website is provided by Flaunter and it is for Your general information only and use is not intended for trading purposes or to address Your particular financial or other requirements. In particular, the information and/or data on the Website:
(a) does not constitute any form of advice (financial, investment, tax, medical, legal or otherwise); and
(b) does not constitute any inducement, invitation or recommendation relating to any of the products listed or referred to; and
(c) is not intended to be relied upon by You in making (or refraining to make) any specific investment or other decisions.

34. Limitation of liability You ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL FLAUNTER OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF FLAUNTER SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE. 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, FLAUNTER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING FLAUNTER’S LIABILITY TO You TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

35. Entire Agreement

These Terms and Conditions form the entire agreement between the parties concerning Your access to, browsing and/or use of the Website and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Website.

36. Invitation to Treat

36.1 Nothing in the Website, including these Terms and Conditions of Use, is to be construed as an offer to enter into a contract with Flaunter in relation to the provision of any goods and/or services including the subscription Services. The Website and any goods and services displayed within them are an invitation to treat only.

36.2 Flaunter is only prepared to provide products and services on the terms and conditions outlined in these Terms and Conditions of Use. If You order products or services on other terms or conditions, any supply of the products or services by Flaunter is by way of counter-offer to You on these Terms and Conditions of Use, which may be accepted by You by accepting the products or services. Any charge by Flaunter to Your nominated credit card or other electronic payment facility is not an acceptance of Your offered terms and conditions but is in implementation of Flaunter’s counter-offer to You. Flaunter will reverse any charge if You do not accept its counter-offer.

36.3 Publishing information about a product or service on the Website does not ensure its availability and price information is subject to change without notice.

37. Indemnification

You will indemnify and will keep indemnified Flaunter and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including administrative and legal expenses) or liability whatsoever arising directly or indirectly as a result of:
(a) any breach of these Terms by You (including but not limited to non-payment of fees); or
(b) Your fault, negligence or breach of statutory duty; or
(c) Your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action You take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Brand Owners.

38. Right not to reply reserved

You are also to note that unless You state accurately Your name, Identification No. residential address, office address (if any), contact number and, where applicable, name of organisation and organisation’s address and telephone number in Your emails, we may not reply to You subject to our reservation of not responding at all to any emails without having to assign any reason whatsoever.

39. Co-operation with Authorities

Flaunter reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information
about anyone posting materials which the authority claims violates any applicable law.

40. Reservation of Rights

Any rights not expressly granted herein are reserved.