Flossie.com Limited - Customer Terms & Conditions
- If you register as a Customer of Flossie.com you will be able to acquire Offers. You can register as a Customer of Flossie.com via the App on iTunes or Google Play.
- If at any time you cease to accept these Terms & Conditions you must immediately cease using the App and acquiring Offers through Flossie.com.
- You acknowledge that, by registering as a customer on Flossie.com, you agree to be bound by these Terms & Conditions. Your continued access of Flossie.com, and purchase of Goods and/or Services through Flossie.com, constitutes your agreement to these Terms & Conditions.
- Capitalised terms have the meaning given to them in the definitions section at the end of these Terms & Conditions.
Terms of Sale:
- You agree and acknowledge that the Supplier is solely responsible for delivering the Goods and/or performing the Services comprised in the Offer in accordance with these Terms & Conditions, the terms of the Offer, the terms and conditions applicable to Suppliers in respect of the Channels, and any applicable laws and regulations.
- You acknowledge that Flossie.com will receive a commission fee from the Supplier when you acquire an Offer.
- You authorise Flossie.com to charge your nominated credit or debit card in exchange for payment of Goods and/or Services at the time of acceptance of an Offer via any of the Channels. Flossie.com will then pay the Supplier for the Goods and/or Services comprised in the Offer on your behalf and provide you with a voucher code confirmation, which is redeemable for the Goods and/or Services from the Supplier, and a GST receipt in respect of the Goods and/or Services.
- You acknowledge that, following an initial consultation with you at the beginning of, or prior to, your appointment, the Supplier may advise you that the price of the Services stated in the Offer has varied, in which event you may:
- agree with the Supplier to accept the Services being performed at the new price quoted by the Supplier. If the new price of the Services is greater than the price stated in the Offer, you must pay the Supplier the difference between the price stated in the Offer and the new price. If the price of the Services is less than the price stated in the Offer, either you, or the Supplier on your behalf, may liaise with Flossie.com to obtain a refund of the difference between the price stated in the Offer and the new price; or
- reject the Services being performed at the new price quoted by the Supplier and request a refund of the amount paid by you in respect of the Offer in accordance with paragraph 12 below.
- If you are dissatisfied in any way with the Goods delivered and/or Services provided, you must in the first instance try to resolve your dissatisfaction directly with the Supplier.
- If you are not able to resolve a matter arising under paragraph 10 above directly with the Supplier within three days of notification from you to the Supplier, you may take the matter up directly with Flossie.com, and Flossie.com will seek to resolve the matter.
- If you are eligible for a refund in respect of an Offer in accordance with these Terms & Conditions, the refund is to be paid via Flossie.com. You may opt to receive your money back in Flossie Dollar credit or to receive a money transfer back onto the card used to purchase the Service/s, or a combination of both, subject to the following:
- com reserves the right to issue a refund in the same method used to pay for the Services, and will only approve a money transfer back onto a debit or credit card used to purchase the Service/s to the extent that you used that method to pay for the Services. Flossie.com will refund any remaining amount to you in the form of Discounts determined by Flossie.com in its discretion; and
- if you have cancelled an Offer in accordance with clause 14, Flossie.com reserves the right to issue the refund either in accordance with clause 12(a) or in Flossie Dollar credit.
No-Shows and Lateness:
- You acknowledge that where you acquire an Offer but you either:
- do not attend the appointment time in respect of the Services comprised in the Offer (i.e. a “no-show”); or
- are late to the appointment, with the effect that the Supplier is either unable to provide the Services comprised in the Offer, or is unable to provide the Services comprised in the Offer to the Supplier’s usual standard,
you will still be charged for the Services.
- If you seek to cancel an Offer you must do so through Flossie.com, and, subject to paragraph 15 below, Flossie.com will process a refund in accordance with paragraph 12 above.
- You will not receive a refund for an Offer if you do not adhere to the cancellation policy of the Supplier that is providing the Services to you or, if the Supplier that is providing the Services to you does not have a cancellation policy, if you seek to cancel the Offer at any time that is 24 hours or less prior to the appointment time comprised in the Offer.
- com reserves the right to cancel any appointments you may have booked on Flossie.com within the applicable cancellation period. In the event that Flossie.com cancels an appointment, you will receive a refund in accordance with paragraph 12 above.
- Subject to the applicable cancellation policy, you may reschedule the appointment time comprised in the Offer by contacting the Supplier or Flossie.com, and the Supplier will endeavour to confirm an alternative appointment time that is satisfactory to you as soon as practicable following contact from you.
- In the event you reschedule an appointment time with a Supplier, the Supplier will notify Flossie.com of the new appointment time.
- com and/or Suppliers may offer Discounts to you in connection with an Offer. These Discounts may be subject to additional terms and conditions.
- Discounts are not redeemable for cash or any other benefit.
Conduct of Users:
- You must use Flossie.com in good faith and you are responsible for any content published or made available by you.
- In the event that Flossie.com learns of, or has reasonable grounds to suspect, that any information provided to Flossie.com in respect of your Flossie.com account is fraudulent or inaccurate, or that activity in violation of these Terms & Conditions has occurred in respect of your account, Flossie.com can immediately suspend or terminate your access to the Channels without notice and refuse to authorise its future use. Repeated violations of these Terms & Conditions will result in immediate and permanent termination of your use of your Flossie.com account and the Channels.
- When you become a Customer of Flossie.com you provide us with personal information such as your email address and phone number. You agree to keep this information accurate and up to date at all times. You further agree that Flossie.com may use this information to make contact with you and to verify who you are.
- All information that Flossie.com holds about you, including credit card or payment information will be securely stored and will not be provided to any third party except as provided for in these Terms & Conditions or as required by any applicable laws or regulations. Flossie.com will not collect any personally identifiable information about you (e.g. your name or email address), unless you have provided it to us voluntarily. If you do not want your personal data collected, please do not submit it to us.
- Any personally identifiable information you do voluntarily provide us will not be shared, sold, swapped, or marketed to any third parties except to Suppliers for the purposes of delivering any Goods, performing any Services, and/or aiding the fulfilment of any product.
- The information you do provide to us may be used in the following ways, unless stated otherwise:
- com may monitor and statistically analyse the types of visitors to the Channels;
- com may store and process that information to better understand your needs and how we can improve our products and services; and/or
- com may provide a Channel partner with aggregate, not individual, information about visitors to the Channels.
- If you have opted in to receive communications from us, you agree to receive unsolicited emails from Flossie.com or our related companies (as that term is defined in the Companies Act 1993) promoting our Goods and/or Services.
- You may unsubscribe from email communications at any time by clicking on the \"Unsubscribe\" link in every email you receive from Flossie.com.
Access and Use of Flossie.com:
- You acknowledge that your use of the Channels and associated services may be subject to interruption or delay beyond the control of Flossie.com. Due to the nature of the Internet and mobile applications, Flossie.com and its service providers do not make any warranty that the application will be error free, without interruption or delay, or free from defects in design or engineering. Flossie.com takes no responsibility for any failure of, or interruption to, the Channels, or for any loss that is incurred as a result of any failure of, or interruption to, the Channels.
- The compatibility of the Channels are not guaranteed for all software or hardware.
- It is entirely your responsibility to ensure that access to the Channels are not illegal or prohibited by applicable laws and that accessing the Channels does not expose you to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer systems.
- com will not be liable for any interference or damage to your computer system (including loss of data) which arises in connection with the use of this or any links on any Channel to a third party site.
- You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the underlying codes or software comprising or in any way used on the Channels.
- Intellectual Property means rights in respect of copyright, trade marks (whether registered or not), designs, patents, business names, and domain names which are governed by the relevant Intellectual Property laws.
- All Content, and the collection, arrangement and assembly of the Content, is the property of Flossie.com and is protected by the relevant Intellectual Property laws.
- You do not receive any Intellectual Property rights in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by you or any third parties.
- All trade marks used on the App and otherwise by Flossie are owned by Flossie.com or other respective owners that have granted Flossie.com the right and/or licence to use such trade marks. You do not receive any Intellectual Property rights in or to these trade marks.
- All Flossie.com logos are registered trade marks of Flossie.com. All other trade marks/trade names are the property of their respective owners and are used by permission.
Warranties and Indemnity:
- The Consumer Guarantees Act 1993 and Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms & Conditions must in all cases be read subject to those statutory provisions.
- com will provide a money back guarantee to you in accordance with paragraph 12 above if you are dissatisfied with any Services you have been provided with, and if it is not possible to remedy your dissatisfaction by the Supplier re-providing the Services or by providing alternative Services pursuant to paragraph 10 above.
- com provides no warranties regarding the accuracy, adequacy, or completeness of any information available through the Channels (including any links to third party sites) or any other third party site associated with Flossie.com.
- To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms & Conditions is excluded. Where Flossie.com cannot by law exclude its liability, any such condition or warranty will apply; however, Flossie.com’s liability for a breach of any implied condition or warranty is limited to the maximum extent permitted by law.
- com will not be liable to you in any way, whether in contract, tort (including but not limited to negligence) or otherwise, for any liability, damages, losses (including, without limitation loss of profits, business or data), costs or expenses of any kind related to, or in any way connected with, your use of Flossie.com via the Channels or any other third party site that provides a link to any of the Channels, except in relation to matters where such liability, damages, losses, costs or expenses have directly resulted from the fraud or gross negligence of Flossie.com.
- You agree to indemnify Flossie.com, its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives against any and all claims, damages, losses, costs, and expenses (including but not limited to lawyers' fees) resulting from any violation of these Terms & Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the App and/or using your account.
- com may amend these Terms & Conditions at any time with such amendment to take effect immediately. Flossie.com may give notice of any amendments directly or indirectly by means of an electronic message, through the Channels, or otherwise as Flossie.com sees fit and as permitted by applicable law. By continuing to access the Channels after such amendments to the Terms & Conditions, you agree to be bound by the amended Terms & Conditions. Please check back from time to time to see if these Terms & Conditions have changed.
- In the event of any conflict between the terms of any Offer and these Terms & Conditions, these Terms & Conditions shall prevail for all purposes.
- These Terms & Conditions are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts.
App means any of Flossie.com mobile applications (including without limitation iOS and Android mobile applications).
Channel means any and all media formats in which Flossie.com markets, promotes, transmits, sells and/or distributes an Offer, including without limitation the Website, the App, or any third party platform (including without limitation a Facebook shop or Google reserve).
Content means any Information published or made available via a Channel, whether generated by Flossie.com, a Supplier, you, or any other person.
Customer means any person acquiring an Offer from time to time.
Discount means any discount, preferential pricing, promotion, promotional code, voucher and/or anything having the same or substantially the same effect, able to be applied to the purchase price for goods and/or services through Flossie.com.
Flossie.com means Flossie.com Limited.
Goods means any goods that a Supplier offers and promotes through Flossie.com through any of the Channels.
Information means any and all information relating to you and your use of Flossie.com.
Offer means the Goods and/or Services a Supplier offers through Flossie.com through any of the Channels.
Services means any services that a Supplier offers through Flossie.com through any of the Channels.
Supplier means any person making an Offer from time to time.
Terms & Conditions means these terms and conditions, including as amended from time to time.
Website means Flossie.com or any other website operated by Flossie.com from time to time.