Terms of Service
Welcome to Flowte! We are an ecommerce and business management platform dedicated to providing the world with “One System for Everything” Through our platform, mobile apps and services, we enable people all over the world to run their lives and businesses more efficiently
By signing up for the Flowte services or any of the services of TicketLord Limited T/A Flowte. or its affiliates (“Flowte”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Flowte under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Flowte are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.Flowte.com/terms. Flowte reserves the right to update and change the Terms of Service by posting updates and changes to the Flowte website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Flowte’s Acceptable Use Policy (“AUP”) and Privacy Policy before you may become a Flowte user.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Flowte or any Flowte services, you are agreeing to these terms. Be sure to occasionally check back for updates.
You are responsible for your Account and any Materials you upload to the Flowte Service. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2.1 Flowte Account
2.2 Flowte Payments Accounts
2.4 Domain Names
The person signing up for the Flowte Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
We automatically create accounts for you to accept payments. You are responsible for maintaining these accounts.
Any domain you purchase through us will automatically renew for the duration of the contract
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a member of Flowte.
The Flowte service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in England and Wales.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a Flowte account, we can freeze the account or transfer it to the rightful owner.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
The failure of Flowte to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Flowte and govern your use of the Service, superseding any prior agreements between you and Flowte (including, but not limited to, any prior versions of the Terms of Service).
If Flowte chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Flowte don’t apply if they conflict with these terms.
Anything you upload remains yours and your responsibility.
In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Flowte POS software (“POS Software”), the Flowte POS website, programs, documentation, apps, tools, internet-based services and components, Flowte’s POS hardware (“POS Equipment”) and any updates thereto provided to you by Flowte.
If you use our POS Services, you must use the same payment processor that you use for the Online Services. You can cancel your POS Services at any time and still keep your Online Services active. We take data security very seriously, but we can’t guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS Equipment are at your own risk. Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment, except physical gift cards.
You can apply Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.
Franchisee’s are not employees of Flowte and we are not responsible for them.
Exception Charges: The client will enable “Verified by Visa and MasterCard SecureCode” payments within Flowte Payments for all e-commerce transactions. Any order processed without “Verified by Visa and MasterCard SecureCode” enabled will be subject to an exception fee of 1% of the transaction value. All corporate or international (overseas) credit and debit card transactions processed will be subject to an exception charge of 1%. Exception Charges will be billed quarterly in arrears.
For live payment gateways, a valid credit card is required. You will be billed for your Subscription Fees every 7 or 30 days and fees are due on receipt. Any Transaction Fees or Additional Fees will be charged to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
Upon termination of clients Services by Flowte for any reason:
If we cancel your account, domains purchased through Flowte will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
We may change or discontinue the service at any time, without liability.
We are not responsible for third party services so use them at your own risk. If you use any third-party services on the Flowte platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.
Flowte supports the protection of intellectual property and asks Flowte merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send an infringement notice to Flowte’s by emailing info@flowte.com. Upon receiving an infringement notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
Flowte respects intellectual property rights and you should too. If we receive an infringement notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send Flowte an infringement notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we may post any notices we receive.
Flowte is an Ecommerce and business management platform. While we believe in providing service to organisations of all disciplines there are some activities that are incompatible with Flowte’s mission to provide “One System for Everything”. This Acceptable Use Policy (“AUP”) describes activities that are prohibited in connection with your use of the Services.
For the purposes of this AUP, “Materials” means any photos, images, videos, graphics, written content, audio files, code, information, data or other content uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
The following activities are prohibited:
We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP, including activities outside of your use of the Services.
Flowte has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this AUP and the Flowte Terms of Service, or any other agreement between you and Flowte governing your use of the Services (collectively, the “Terms”). Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.
Flowte may modify this AUP at any time by posting a revised version at https://www.Flowte.com/terms. By continuing to use the Services or access your Account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict between the AUP and the Terms, this AUP will take precedence, but only to the extent required to resolve such conflict. Capitalized terms used but not defined in this AUP shall have the meanings set forth in the Terms.
If you feel that a user of the Services has violated this AUP, please contact us at info@flowte.com
Welcome to Flowte!
As part of our mission to provide the world with “One System for Everything”, TicketLord Limited T/A Flowte and its affiliates, including Flowte Holdings Limited, Flowte Limited and Flowte Inc. (USA), (collectively, “Flowte”) collect and process a lot of information. This Privacy Policy is intended to help you better understand how we collect, use and store your personal information — whether you are a merchant or end user that uses Flowte’s products, applications or services (together, the “Services”), a customer that shops at a store using our technology, a participant in Flowte’s “Partners” program, or whether you’re simply visiting this website. By using any of Flowte’s Services, or by dealing with a merchant using Flowte’s Services, you are agreeing to the terms of this Privacy Policy and, as applicable, the Flowte Terms of Service.
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Support Service after these changes are posted, you agree to the revised policy.
Privacy matters! If you are a merchant, you agree to post a privacy policy on your storefront that complies with the laws applicable to your business. You also agree to obtain consent from your customers for the use and access of their Personal Information by Flowte and other third parties. In addition, if you are collecting any sensitive Personal Information from your customers (including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality), you agree to obtain affirmative, express consent from your customers for the use and access of sensitive Personal Information by Flowte and other third parties. To help you get started on creating your own privacy policy, check out our policy generator.
What information do we collect from merchants and why?
We collect your name, company name, address, email address, phone number(s) and credit card details.
We need this information to provide you with our Services; for example, to confirm your identity, contact you, and invoice you.
We collect data about the Flowte-hosted webpages that you visit. We also collect data about how and when you access your account, including information about the device and browser you use, your network connection and your IP address.
We need this information to give you access to and improve our Services.
Upon completing the sign-up process for the Services, and depending on your location, we may create a Flowte Payments account on your behalf. If you activate a Flowte Payments account, we collect your business address, business type, business ID number, date of birth (if you are an individual business owner), bank account information and government-issued identification information, such as your Social Security Number or your Social Insurance Number.
We need this information to create a Flowte Payments account for you, to provide you with Flowte Payments services, including fraud and risk monitoring, and to comply with applicable legal and regulatory requirements.
We collect Personal Information about your customers that you share with us or that customers provide while shopping or during checkout.
We use this information to provide you with our Services and so that you can process orders and better serve your customers.
We will also use Personal Information in other cases where you have given us your express permission.
When do we collect this information?
We collect Personal Information when you sign up for our Services, when you access our Services or otherwise provide us with the information.
What information do we collect and why?
We collect our merchants’ customers’ name, email, shipping and billing address, payment details, company name, phone number, IP address and device data.
We need this information to provide merchants with our Services, including supporting and processing orders, authentication, and processing payments. We also use this information to improve our Services.
When do we collect this information?
Information is collected when a merchant’s customer uses or accesses our Services, such as when a customer visits a merchant’s site, places an order or signs up for an account on a merchant’s site.
Partners are individuals or businesses that have agreed to the terms of the Flowte Partner Program to work with Flowte to promote the Services by (a) referring clients to Flowte; (b) developing Flowte store themes for merchant use; or (c) developing apps using the Flowte Application Interface (API) for merchant use.
What information do we collect from Partners and why?
We collect your name, company name, website, twitter or other social media handles, phone number(s), address, business type, email address, and GST/HST number.
We use this information to work with you, confirm your identity, contact you, and pay you.
We collect data about the Flowte-hosted webpages that you visit and how and when you access your account, including information about the device and browser you use, your network connection and your IP address.
We use this information to give you access to and improve our Services.
We collect Personal Information about your customers that you share with us or that they provide to us directly.
We use this information to work with you and to provide our Services to your customers.
We will also use Personal Information in other cases where you have given us express permission.
When do we collect this information?
We collect this information when you sign up for a Partner Account, when you sign up one of your customers for our Services, or when your customers sign up themselves. We also collect any additional information that you might provide to us.
What information do we collect and why?
From Flowte website visitors, we collect information about the device and browser you use, your network connection and your IP address. We also collect Personal Information submitted by you via any messaging feature available from any of our websites (“Messaging Feature”).
We may also receive Personal Information when you purchase tickets or make other requests to Flowte via any of our websites.
From telephone support users, we collect your phone number and call audio.
From chat support users, we collect your name, email address, information about the device and browser you use, your network connection, your IP address and chat transcript.
From forum users, we collect your name, email address and website URL.
We use this information to provide and enhance our Services (including servicing your account, if applicable), and answer any questions you may have.
When do we collect this information?
We collect this information when you visit Flowte-hosted webpages, use Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us.
What is a cookie? A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our website.
Why does Flowte use cookies and similar tracking technology?
We use cookies to recognise your device and provide you with a personalized experience.
We also use cookies to serve targeted ads from Google, Facebook, Bing, and other third-party vendors.
Our third-party advertisers use cookies to track your prior visits to our websites and elsewhere on the Internet in order to serve you targeted ads. For more information about targeted or behavioural advertising, please visit https://www.networkadvertising.org/understanding-online-advertising.
Opting out: You can opt out of targeted ads served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
We may also use web beacons, tracking technology and other automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
Learn more
Flowte works with third parties to help provide you with our Services and we may share Personal Information with them to support these efforts. In certain limited circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also receive Personal Information from our partners and third parties.
Personal Information may be shared with third parties to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
Personal Information may be shared with third party vendors to help us conduct marketing and/or advertising campaigns.
Personal Information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganisation, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.
Flowte is responsible for all onward transfers of Personal Information to third parties in accordance with the EU-U.S. Privacy Shield Principles, the U.S.-Swiss Safe Harbor Framework, and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).
Flowte will always ask for your consent before sharing your Personal Information with third parties for purposes other than those described in this Section 7.
Learn more about third parties
We will continue to store archived copies of your Personal Information for legitimate business purposes and to comply with the law.
We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.
We do not and will never share, disclose, sell, rent, or otherwise provide Personal Information to other companies (other than to specific Flowte merchants you may be interacting with) for the marketing of their own products or services.
If you are a merchant using Flowte’s Services, we do not use the Personal Information we collect from you or your customers to independently contact or market to your customers. However, Flowte may contact or market to your customers if we obtain their information from another source, such as from the customers themselves.
We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other Personal Information entrusted to us. Our information security systems apply to people, processes and information technology systems on a risk management basis.
We perform annual audits to ensure our handling of your credit card information aligns with industry guidelines. We are certified as a PCI DSS Level 1 compliant service provider, which is the highest level of compliance available, and our platform is audited annually by a third-party qualified security assessor.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.
Flowte works with merchants and users around the world, including in the EEA. If you are located in the EEA, your personal information is processed by Flowte’s Irish affiliate, TicketLord Limited T/A Flowte. Please note that as part of our service, we may transfer your personal information to other regions, including to Canada and the United States. In order to ensure that your information is protected when transferred out of the EEA, Flowte relies on the EU-U.S. Privacy Shield (described in more detail below), as well as inter-company agreements between our various affiliates that may process your information on behalf of Flowte International Ltd.
Additionally, if you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. In order to exercise these rights, please reach out to us using the contact information below.
While TicketLord Limited T/A Flowte is an Irish company, we provide services to customers and our technology processes data from users around the world. Accordingly, Flowte may transmit your personal information outside of the country, state, or province in which you are located.
Flowte complies with the EU-U.S. Privacy Shield Framework, regarding the collection, use, and retention of Personal Information from data subjects in the European Economic Area (“EEA”), and with the Swiss-U.S. Privacy Shield Framework regarding the collection, use and retention of Personal Information from data subjects in Switzerland. In this regard, we have certified that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfers, security, data integrity and purpose limitation, access, recourse, enforcement and liability.
If you are located in the EEA or in Switzerland, and believe that your Personal Information has been used in a manner that is not consistent with the relevant privacy policies listed above, please contact us using the information below. If your complaint or dispute remains unresolved, you may also contact the International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA). This Organisation provides independent dispute resolution services, at no charge to you. ICDR/AAA can be contacted at http://go.adr.org/privacyshield.html.
If, after attempting to resolve a dispute through ICDR/AAA, you feel that your concerns about the use of your Personal Information have not been resolved, you may seek resolution of the issue through binding arbitration. For more information about the binding arbitration process, please visit http://www.privacyshield.gov.
By participating in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, Flowte’s participating U.S. entities are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, please visit https://www.privacyshield.gov.
You retain all rights to your Personal Information and can access it anytime. In addition, Flowte takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. You can update many types of Personal Information, such as payment or contact information, directly within your account settings. If you are unable to change your Personal Information within your account settings, please contact us to make the required changes. It’s important to remember that if you delete or limit the use of your Personal Information, the Services may not function properly.
If you have any questions about your Personal Information or this policy, or if you would like to make a complaint about how Flowte processes your personal data, please contact Flowte by email at info@flowte.com, or by using the contact details below:
TicketLord Limited T/A Flowte.
308 Q House, Furze Road, Sandyford Business Estate, Dublin 18, Ireland
Flowte does not use cookies for any purpose other than the ones listed in this policy. By using our website, you agree that cookies may be placed on your computer or internet-enabled device.
A cookie is a small amount of information that’s downloaded to your computer or device when you visit certain websites. We use a number of different cookies on the Flowte website, including necessary, functional, performance and targeting cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor. We use this information to improve the browsing experience for all of our users.
Some cookies are necessary to allow you to browse our website, use its features, and access secure areas. The use of these cookies is essential for the website to work, and we do not use these cookies to collect personal information about you. For example, we use user-input cookies for the duration of a session to keep track of a user’s input when filling in forms that span several pages.
We also use functional cookies to remember choices you’ve made or information you’ve provided, such as your username, language, or the region you are in. This allows us to tailor your website experience specifically to your preferences. For example, authentication cookies are functional cookies that are used for the duration of a session (or persistent, if you agree to the “remember me” function) to allow users to authenticate themselves on subsequent visits or to gain access to authorised content across pages. The functional cookies we use include:
Flowte is dedicated to user experience and we use many tools to help us improve our website. To this end, we use performance cookies to collect information about how you use our website and how often. These cookies only gather information for statistical purposes and do not gather any information that can personally identify you. However, because these cookies are not strictly necessary for the use of our website, we require your consent to use them. The performance cookies we use include:
Targeting cookies are used on our website to tailor marketing to you and your interests and provide you with a more personalized service in the future. These cookies remember that you visited our website and we may share this information with third-parties, such as advertisers. Although these cookies can track your visits to our website and other sites, they typically cannot personally identify you. Without these cookies, the advertisements that you see may be less relevant and interesting to you. We do not use third-party advertising cookies.
Finally, Social plug-in tracking cookies are used by many social networks that have “social plug-in modules”. We integrate these modules into our platform to provide services than can be considered as “explicitly requested” by our users. Your consent, however, is required because some third-party social plug-in tracking cookies are used for things like behavioural advertising, analytics, and/or market research.
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 90 days and two years from the date they are downloaded to your device. See the section below on how to control cookies for more information on removing them before they expire.
Social Buttons for third-party social media sites are used to enable our users to share or bookmark web pages. We cannot prevent these sites from collecting information about you. To understand how third-party social media sites use information about your activities on our website and the internet, please read their respective Terms of Use and Privacy Policies.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.
You can opt out of customized ads by visiting:
To opt-out of Google Analytics:
If you use our website without opting out, it means that you understand and agree to data collection for the purpose of marketing ads to you.
The Terms and Conditions described here constitute a legal agreement (“Agreement”) among the sole proprietor or business listed as the “Merchant” in the Flowte Payments service registration page, (the “Merchant” on the registration page, sometimes referred to as “you,” “your”, “user”), TicketLord Limited T/A Flowte (“Flowte”), Stripe, Inc. (“Stripe”), Elavon Merchant Services (“EMS”) and Bank of Ireland Bank (“Bank of Ireland”, collectively with Flowte, Stripe and EMS referred to as “we”, “our” or “us”).
Our Service also includes software to help you manage recurring and subscription billing charges for your products and services. It is your responsibility to obtain your customers’ consent to be billed on a recurring basis in compliance with applicable legal requirements and Visa Europe Ltd, Visa U.S.A., Inc., Visa Canada Inc. and Visa International (collectively, “Visa”) and MasterCard International Incorporated (“MasterCard”), Discover, American Express or other applicable card network (collectively, the “Payment Networks”) payment rules.
When using Flowte POS hardware or software, you agree to the Flowte POS Terms of Agreement which is incorporated into this Agreement by reference. Payment Fees for the POS Infrastructure are set forth in the Flowte Payments Fee Schedule.
Pursuant to the Internal Revenue Code, merchant acquiring entities and third-party settlement organisations are required to file an information return with the IRS for each calendar year, reporting all payment card transactions and third-party network transactions with merchants occurring in that calendar year as required by law.
If you receive information about others, including Cardholders, through the use of the Service, you must keep such information confidential and only use it in connection with the Service.
You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so. You may not disclose card numbers to any third party, other than in connection with processing a card transaction requested by the buyer customer.
You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access our systems, programs or data that are not made available for public use: (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from us; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.
These guidelines explain how you must use and visually present our brand assets at all times. Your use of our brand assets indicates your acceptance of these guidelines, and you understand that your use of our brand assets in violation of these guidelines will result in automatic termination of your license and/or permission to use our brand assets.
You may choose to register as an individual (sole proprietor) or as a company or other business Organisation. If you register as a company or business, you must also provide information about an owner or principal of the business and you must be authorised to act on behalf of the business and have the authority to bind the business to this Agreement. In order to sign up a business to use the Service, you must agree to this Agreement on behalf of the business. If you have so agreed, the term “you” will mean you, the natural person, as well as the business you represent. You understand that by registering for a Service Account, you are also registering for a Stripe or EMS Account, and that you are simultaneously providing your information to Flowte Payments for the purpose of opening a Service Account, and to Stripe or EMS for the purpose of establishing your Stripe or EMS Account.
After we have collected and verified all your information, Flowte will review your account and determine if you are eligible to use the Service. Flowte may also share your information with our payment processors (such as Bank of Ireland, EMS & Stripe), each of which may also make a determination regarding your eligibility. We will notify you once your account has been either approved or deemed ineligible for use of the Service.
Investment & credit servicesSecurities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; lending instrumentsMoney and legal servicesMoney transmitters, check cashing, wire transfers, money orders; currency exchanges or dealers; bail bonds; collections agencies; law firms collecting funds for any purpose other than to payfees owed to the firm for services provided by the firm (e.g., firms cannot use Flowte Payments to hold client funds, collection or settlement amounts, disputed funds, etc.)
Virtual currency or stored valueVirtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value, quasi-cash orcredits maintained, accepted and issued by anyone other than the seller
By accepting the terms of this Agreement, you are providing us with authorisation to retrieve information about you by using third parties, including credit bureaus and other information providers. You acknowledge that such information retrieved may include your name, address history, credit history, and other data about you. We may periodically update this information to determine whether you continue to meet the eligibility requirements for a Service Account.
You agree that Flowte is permitted to contact and share information about you and your application (including whether you are approved or declined), and your Service Account with the payment processor, including Bank of Ireland. This includes sharing information (a) about your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct Flowte’s risk management process.
By accepting this Agreement, you confirm that you will satisfy these requirements.
IP Infringement, regulated or illegal products and services
Intellectual property or proprietary rights infringementSales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder; any product or service that infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; use of Flowte intellectual property without express consent from Flowte; use of the Flowte name or logo including use of Flowte trade or service marks inconsistent with the Flowte Trademark Usage Guidelines, or in a manner that otherwise harms Flowte or the Flowte brand; any action that implies an untrue endorsement by or affiliation with FlowteCounterfeit or unauthorised goodsUnauthorised sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exportedGamblingLotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chanceRegulated products and servicesMarijuana dispensaries and related businesses; alcohol or alcoholic beverages; sale of tobacco, e-cigarettes, or accessories including e-juice or e-liquid; online pharmacies or pharmacy referral services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basisAdult content and servicesPornography and other obscene materials (including literature, imagery and other media). Sites offering any sexually-related products or services such as prostitution, massage parlours, dating-services, companion/escort services; international match-making and mail-order brides; pay-per view, adult live chat or call features; child pornography, fetish gear and services including S&M paraphernalia; hard-core sexually oriented products and services; sex shows, sex clubs, topless bars, strip shows, and other adult entertainment; widgets that allow you to access pornography or pornographic ads
Get rich quick schemesInvestment opportunities or other services that promise high rewardsMug shot publication or pay-to-remove sitesPlatforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harmNo-value-added servicesSale or resale of a service without added benefit to the buyer; resale of government offerings without authorisation or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
AggregationEngaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds. *except by written exceptionDrug paraphernaliaAny equipment designed for making or using drugs, such as bongs, vaporizers, and hookahsEvent TicketsEvent or festival tickets, event ticket resellers, including theme park ticket reseller*except by written exceptionGovernment ServicesEmbassies, foreign consulates or other foreign governments. *except by written exceptionHigh risk businessesHuman hair, fake hair, or hair-extensions; age verification services; bankruptcy lawyers; computer technical support; psychic services; extended warranties; travel reservation services and clubs; airlines; cruises; timeshares; chain-letters; essay mills; flea markets; prepaid phone cards, phone services, and cell phones; telemarketing, telecommunications equipment and telephone sales; shipping or forwarding brokers; door-to-door sales; negative response marketing; credit card and identity theft protection; the use of credit to pay for lending services; any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policiesMulti-level marketingPyramid schemes, network marketing, and referral marketing programsPseudo pharmaceuticalsPharmaceuticals and other products that make health claimsSocial media activitySale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activitySubstances designed to mimic illegal drugsSale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)Video game or virtual world creditsSale of in-game currency unless the merchant is the operator of the virtual worldUse of Flowte Payments in a manner inconsistent with its intended use or as expressly prohibited in the Terms of ServiceUse of Flowte Payments principally as a virtual terminal (e.g., submitting card transactions by manually inputting card information); processing where there is no bona fide good or service sold, or donation accepted; card testing; evasion of card network chargeback monitoring programs; sharing cardholder information with another merchant for payment of upsell or cross-sell product or service; offering substantial rebates or incentives to the cardholder subsequent to the original purchase
You will not impose any fee or surcharge on a customer that seeks to use an eligible payment card. You will provide a receipt to the customer at the conclusion of the purchase transaction that includes all information required under Payment Network rules and applicable law.
You will display all Payment Network marks in accordance with the rules and procedures of the Payment Networks, and will use such marks only to indicate that you accept their cards for payment.
Notwithstanding the foregoing, you acknowledge that all credits for funds provided to you are provisional and subject to reversal including without limitation if there are adjustments for inaccuracies and errors (including rejects) and Chargebacks, Reversals or Claims in accordance with this Agreement and the Card Network payment rules, whether or not a transaction is charged back by the issuer of the Card or the Cardholder. Accordingly, you authorise us to initiate reversal or adjustment (debit or credit) entries to the Bank Account and to initiate or suspend such entries in accordance with this Agreement as may be necessary to grant or reverse provisional credit for any transaction.
After each payout of card settlement funds to your Bank Account, we will update information in your Service Account to reflect settlement. Information regarding your card transactions processed and settled with the Services (“Transaction History”) will be available to you when you login to our website using your Service Account. We provide a minimum of one year of Transaction History on our website. Except as required by law, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your Service Account, your Transaction History and your use of the Service.
Stripe or EMS, on behalf of Flowte and/or Bank of Ireland reserves the right to change the Payout Schedule or suspend payouts to your Bank Account should we determine it is necessary due to pending disputes, excessive or anticipated excessive Chargebacks or refunds, or other suspicious activity associated with your use of the Service or if required by law or court order.
If you submit or cause us to process transactions erroneously, you agree to contact us immediately. We will investigate any reported errors and attempt to rectify any errors that you or we discover by crediting or debiting your Service Account as appropriate. Flowte will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
Full refunds must be for the exact transaction amount of the original transaction including tax, handling charges, and other charges. The refund amount may not exceed the original sale amount except by an amount equal to any reimbursements to customer for postage costs incurred for product returns. Refunds processed though the Service must be submitted within sixty (60) days of the original transaction but in all cases, within three (3) days of approving the Cardholder refund.
For processed refunds, we, will deduct the refund amount (including any applicable Fees) from (i) settlement funds owed to you from processing of other card transactions, or (ii) funds in any Reserve Account (as defined below). If these funds are not sufficient, you authorise us, to initiate a debit entry to your Bank Account in the amount necessary to complete the refund transaction to the Cardholder’s card. In the event we cannot access your Bank Account by means of a debit entry, you agree to pay all funds owed to us upon demand. You are solely responsible for accepting and processing returns of your products and services; we have no responsibility or obligation for processing such returns.
When a Chargeback is issued, you are immediately liable to Flowte for the full amount of payment of the Chargeback plus any associated Fees, fines, expenses or penalties (including those assessed by the Payment Networks or our payment processors). You agree that we may recover these amounts by means of a debit entry of your Bank Account associated with your Service Account, debiting your Reserve Account, or setting off any amounts owed to you by us. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid Chargebacks unpaid by you.
Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur.
You agree to provide us with the necessary information, in a timely manner and at your expense, to investigate or help resolve any Chargeback. You also grant us permission to share records or other information required with the Cardholder, the Cardholder’s financial institution, and your financial institution to help resolve any disputes. You acknowledge that your failure to provide us with complete and accurate information in a timely manner may result in an irreversible Chargeback being assessed.
If the Cardholder’s issuing bank or the Payment Network does not resolve a dispute in your favour, we may recover the Chargeback amount and any associated fees from you as described in this Agreement.
We reserve the right, upon notice to you, to charge a fee for mediating or investigating Chargeback disputes.
POS Equipment Fees. If you choose to purchase POS Equipment *from Flowte, you agree to pay the fees assessed by Flowte to *you for providing the POS Equipment. These fees are set forth in this Agreement by reference.
We reserve the right to revise our Fees at any time, subject to a thirty (30) day notice period to you.
You acknowledge that you are also responsible for any penalties or fines imposed on us or directly on you by any Payment Network or financial institution as a result of your activities.
Additionally, we may require a personal guarantee from a principal of a business for funds owed under this Agreement. If we require a personal guarantee we will specifically inform you in advance.
In addition to the amount due, delinquent accounts may be charged with fees that are incidental to the collection of delinquent accounts and chargebacks including, but not limited to, collection fees and convenience fees and other third parties charges.
You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Flowte by you. Such communication may be made by Flowte or by anyone on its behalf, including but not limited to a third-party collection agent.
We may require you to fund the Reserve Account by means of: (i) any funds payouts made or due to you for card transactions submitted to the Service, or, or (ii) amounts available in your Bank Account by means of ACH debit to that Bank Account, or (iv) other sources of funds associated with your Service Account; or (iv) requesting that you provide funds to us for deposit to the Reserve Account.
You agree that you are not entitled to any interest or other compensation associated with the funds held in the Reserve Account, that you have no right to direct that account, that you have no legal interest in those funds or that account and that you may not assign any interest in those funds or that account.
Termination does not relieve you of your obligations as defined in this Agreement and we may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in this Agreement, including but not limited to Chargebacks, Fees, Refunds, or other investigations or proceedings.
Termination of this Agreement will not necessarily terminate your Flowte Merchant Agreement, unless Flowte informs you otherwise.
Upon termination you agree: (i) to immediately cease your use of the Service (ii) to discontinue use of any Flowte, Stripe or EMS trademarks and to immediately remove any Flowte, Stripe or EMS references and logos from your Site (iii) that the license granted under this Agreement shall end, (iv) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (v) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account data.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Your Liability
You are responsible for all Reversals, Chargebacks, Claims, fines, fees, penalties and other liability arising out of or relating to your breach of this Agreement, and/or your use of the Service. You agree to reimburse your customer, Flowte, Stripe, EMS Bank of Ireland and any third party designated by Flowte, Stripe, EMS or Bank of Ireland for any and all such liability. “Chargeback” means a request that a buyer customer files directly with his or her card company or card issuing bank to invalidate a processed payment. “Claim” means a challenge to a payment that you or a buyer customer files directly with Flowte. “Reversal” means Flowte reverses the settlement of funds from a processed card transaction that you received because (a) the card transaction is invalidated by the card issuer, (b) the settlement funds were sent to you in error by (i) Flowte, Stripe, EMS or Bank of Ireland; (ii) the processors, suppliers or licensors of Flowte, Stripe, EMS or Bank of Ireland; or (iii) any of the respective affiliates, agents, directors and employees of any of the entities listed in (i) or (ii) above, (c) the sender of the payment did not have authorisation to send the payment (for example: the buyer used a card that did not belong to the buyer), (d) you received the payment for activities that violated this Agreement or any other Flowte, Stripe or EMS agreement, or (e) we decided a Claim against you.
We will have the final decision-making authority with respect to Claims, including without limitation claims for refunds for purchased items that are filed with us by you or your customers. You will be required to reimburse us for your liability. Your liability will include the full purchase price of the item plus the original shipping cost (and in some cases you may not receive the item back). You will not receive a refund of any fees paid to us.
Without limiting the foregoing, you agree to defend, indemnify, and hold harmless Flowte, Stripe, EMS or Bank of Ireland and their respective employees and agents (collectively “Disclaiming Entities”) from and against any claim, suit, demand, loss, liability, damage, action or proceeding arising out of or relating to (i) your breach of any provision of this Agreement, and/or (ii) your use of the Service, including without limitation any Reversals, Chargebacks, Claims, fines, fees, penalties and attorneys’ fees; (iii) your, or your employee’s or agent’s, negligence or willful misconduct; or (iv) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions (including indemnification of any Payment Network or Issuer).
If you are liable for any amounts owed to us, we may immediately remove such amounts from your Reserve Account and deduct the amounts owed to us from such Reserve Account funds. If you do not have sufficient funds in the Reserve Account to cover your liability, you will be required to immediately add additional funds to your Reserve Account to cover funds owed to us. If you do not do so, we may engage in collections efforts to recover such amounts from you at your cost and expense.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE OR FROM (I) FLOWTE, STRIPE, EMS OR BANK OF IRELAND; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF FLOWTE, STRIPE, EMS OR BANK OF IRELAND; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”), WILL CREATE ANY WARRANTY. YOU SPECIFICALLY ACKNOWLEDGE THAT WE DO NOT HAVE ANY CONTROL OVER THE PRODUCTS OR SERVICES THAT ARE PAID FOR WITH THE SERVICES, AND WE CANNOT ENSURE THAT YOUR CUSTOMERS WILL COMPLETE A TRANSACTION OR ARE AUTHORISED TO DO SO.
WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SERVICE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THE DISCLAIMING ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT HOW LONG WILL BE NEEDED TO COMPLETE THE PROCESSING OF A TRANSACTION.
THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER FLOWTE, STRIPE, EMS NOR BANK OF IRELAND WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (B) ANY UNAUTHORISED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WITHOUT LIMITING THE FOREGOING PROVISIONS OF THS SECTION 9, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO FLOWTE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF FLOWTE, STRIPE, EMS OR BANK OF IRELAND HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE PROVISIONS OF THIS SECTION 9 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the Republic of Ireland. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Republic of Ireland, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the European Union, or are a foreign person or entity blocked or denied by the European Union. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Republic of Ireland
This Agreement is governed by the laws of England and Wales (without regard to its choice of law provisions). The exclusive venue for any actions or claims arising under or related to this Agreement shall be in the appropriate court located in England and Wales. ALL PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY CLAIM RELATING TO OR ARISING UNDER THIS AGREEMENT. You and we each represent to the other that this waiver is knowingly, willingly and voluntarily given. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
This Agreement has been reviewed by you with the benefit of independent legal counsel to the extent you consider necessary and any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the construction or interpretation of this Agreement. The rights conferred upon us in this Agreement are not intended to be exclusive of each other or of any other rights and remedies we may have at law or in equity. Rather, each and every right we may have under this Agreement, at law or in equity is cumulative and concurrent and in addition to every other right.
You may download “Visa Regulations” from Visa’s website. You may download “MasterCard Rules” from MasterCard’s website.
The responsibilities listed above do not supersede the terms of this Agreement and are provided to ensure that you understand some important obligations of each party. EMS is the ultimate authority should you have any problems.
At Flowte, we do everything we can to ensure you are happy with your purchase, but we know that sometimes a product is just not right. We’ve made our return policy as easy as possible. For our full refund policy see the customer agreement below.
Within 30 Days – You must return your product within 30 days of the product being shipped. Returns must be shipped back to our warehouse within 7 days of receiving your return label.
Include original packaging and product in new condition – Any returned product(s) must be returned in all of their original packaging, and in like-new condition. Flowte may reject the returned product if there is damage to the product and/or product packaging.
If a product is deemed unfit for return, Flowte will notify the customer that the return has been rejected and no refund will be issued to the customer. The customer can choose one of the following options.
or
If you do not select one of the above options within 14 days of Flowte informing you that your return has been rejected, the product will be recycled.
Free Return Shipping – We are not responsible for risk of loss or damage for returning a product during shipment. International shipments must purchase return postage to process a return.
Due to the nature of physical gift cards we are unable to offer any returns/refunds on gift card orders once they have been printed.
As long as your return adheres to the requirements described above, follow these steps to return your product:
We will receive and review the products you’ve returned. If the returned products have met all of our return policy requirements, we will process the refund and send you a confirmation email. We are only able to credit the original credit card used to make the purchase. Please allow up to 5 business days for this process.
If you have any questions or concerns about making a return, feel free to contact our Flowte support team at info@flowte.com
These terms apply to the purchase of Flowte POS hardware products. By placing an order for POS hardware, you accept and agree to the terms of this agreement.
Every effort is made to maintain sufficient stock of all the products we offer. Potential inventory shortages at our distributor may impact our ability to fulfill an order. We reserve the right to cancel an order if we are, for any reason, unable to fulfill the order requirements. If we are unable to fulfill an order, we will notify you by email.
Inventory shortages or other fulfilment issues may cause delays. Your order is shipped using a carrier that we have selected. Once you have completed your purchase on our online store, we will provide you with an estimated delivery date. Every effort is made to facilitate delivery of your order on time, and by the estimated delivery date. After your order is processed and fulfilled, we will send you an email containing the order tracking number. Once your order is fulfilled and placed in the hands of our selected shipping carrier, we cannot guarantee any delivery date indicated by the carrier.
At Flowte, we do everything we can to ensure you are happy with your purchase, but we know that sometimes a product is just not right. You may return your hardware kit within 30 days of shipment to you, as long as it is in new condition and has the original packaging. No returns are accepted over 30 days. We only accept returns of the hardware we sell directly to you. Gift cards are not eligible for return. Priority shipping charges selected at checkout are non-refundable. If we suspect you’re abusing the return policy (for example by returning products on multiple occasions or on a seasonal basis), we reserve the right to refuse your return.
Our hardware packages are designed with love and care specifically for Flowte merchants. We reserve the right to refuse selling and shipping any product to you if we have reason to believe you are not a Flowte customer. Likewise, customer support is only available to the original hardware purchaser.
We sell a combination of our own and third-party hardware to create a modern point-of-sale. The point of sale hardware comes with a 90-day warranty. This warranty covers defects in manufacturing discovered while using the product as recommended by the manufacturer. The warranty does not cover damage caused by misuse, abuse, unauthorised modification, improper storage conditions, lightning, or natural disasters. All third-party products resold by us are covered by their original manufacturers’ warranties. Please check with the manufacturer for further information.
Flowte does not accept liability for the purchase, use or return of POS hardware or other products beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost or corrupted data or software, or the provision of services and support. Flowte will not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages or for any claim by any third party. You agree that for any liability related to the purchase of product, Flowte is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Some jurisdictions may not enforce all of these limitations, and only the limitations that are lawfully applied to you in your jurisdiction will apply.
2.1 Application.
The following policy (our “API Terms of Use”) sets forth the terms and conditions for using the Flowte APIs and Content available from the Flowte APIs in connection with Your Applications. By using the Flowte APIs, you agree to these API Terms of Use without modification and enter into a binding contract with Flowte, which will be applicable when and if you use the Flowte APIs.
2.2 Incorporation by Reference.
These API Terms of Use and the rights and obligations contained in these API Terms of Use are in addition to and are incorporated into the Terms of Service Agreement For All Flowte Users (“Terms of Service”), by reference. Nothing in these API Terms of Use shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.
2.3 Modifications.
Flowte reserves the right to modify or replace any terms or conditions of these API Terms of Use in accordance all other Terms of Service.
3.1 Ownership.
The Site Content transmitted in connection with the Flowte APIs belongs to Flowte, its customers and/or is licenced to Flowte by third parties. Please keep this in mind as you plan Your Application. Don’t do anything that would undermine the Site Content.
3.2 Storage.
As a general matter, you may store Site Content relating to future events, but you may not store any Site Content relating to events that have occurred in the past. The only exception to storing Site Content relating to past events is if a User has given you explicit permission to use and store Site Content relating to that User’s past events. This means that without explicit User permission you cannot store venue data, ticket data or other Site Content related to that User’s past events or any other past events.
3.3 Must Have Information.
If you display or make available any Site Content regarding an event listing through Your Application, Your Application must display the event title and display a direct link to the Flowte webpage associated with that event on the Services. The link may not include a “nofollow” attribute and must be crawlable by search engines.
3.4 Branding.
You must use your own name, company name, logos, trademarks or app names in connection with Your Applications and not the company name, logos, trademarks or app names of Flowte. You have no right or licence to use the Flowte Trademarks (as defined in the Terms of Service) in connection with Your Applications or otherwise without Flowte’s prior written consent. In any event, Your Applications must be built in a way that makes clear to Users that they are not owned, developed or controlled by Flowte. If you have questions about this, please email us at info@flowte.com.
3.5 Responsibility.
You are solely responsible for Your Application and any use of Your Application by Users. Among other things, this means that you are responsible for maintaining your own user agreement and privacy policy for users of Your Application and complying with those policies. Your user agreement must permit you and the users of Your Application to comply with the Terms of Service, including without limitation, these API Terms of Use and Flowte’s Privacy Policy. Your privacy policy must be at least as protective of Personal Data as Flowte’s Privacy Policy. In general, we expect you to be thoughtful and considerate and not abuse our Users’ data.
4.1 Licence.
Subject to the terms and conditions hereof, Flowte grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable (in accordance with Section 4.2 below), limited right to access and use the Flowte APIs to develop, test and support Your Application and to distribute or allow access to your integration of the Flowte APIs within Your Application to end users of Your Application, in each case, (a) in compliance with the Terms of Service, including without limitation, these API Terms of Use, and (b) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. You have no right to distribute or allow access to the stand-alone Flowte APIs. All rights not expressly granted to you are reserved by Flowte.
4.2 Termination of Licence.
You may terminate the licence and your access to and use of the Flowte APIs by discontinuing use of all of the Flowte APIs and closing your API developer account. Flowte may terminate your access to and use of the Flowte APIs at any time, with or without notice, (a) for your violation or breach of the Terms of Service, including without limitation, these API Terms of Use; (b) for your misuse or abuse of the Flowte APIs; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Flowte to legal liability.
4.3 Rate Limit.
There is a rate limit and a restriction to the data fields displayed per application or service utilising the Flowte APIs and you agree that you shall comply with that rate limit and restriction to the data fields at all times. The rate limit is 10 calls per hour on each OAuth token. These rate limits and restrictions are subject to change from time to time at Flowte’s discretion, effective immediately upon posting. Your use of any methods intended to subvert rate limiting or data field restriction is a violation of these API Terms of Use. If you need more calls or a higher limit, simply email us at info@Flowte.com and provide an explanation and we will determine whether to increase your rate limit.
4.4 Restrictions.
Notwithstanding the licence granted under Section 4.1, you hereby agree that you shall not:
(a) use the Flowte APIs to support Your Application if any Content in Your Application would violate any of Flowte’s Terms of Service
(b) use the Flowte APIs in any manner or for any purpose that violates any law or regulation (including without limitation any laws or regulations regarding the sale or resale of tickets, whether in regard to licensure requirements, maximums or limits on ticket prices, or otherwise) or any right of any person (including but not limited to intellectual property rights, rights of privacy, or rights of personality), or in any manner inconsistent with the Terms of Service, including without limitation, the Privacy Policy and these API Terms of Use;
(c) use the Flowte APIs to operate any mission critical application where human life or property may be at stake;
(d) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Flowte APIs (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation);
(e) rent, lease, resell, distribute, use the Flowte APIs or Site Content on a stand-alone basis or for timesharing, service bureau or other commercial purposes for direct commercial or monetary gain (as opposed to indirect commercial or monetary gain associated with supporting Your Application);
(f) remove or alter any proprietary notices or labels on or in the Flowte APIs or Site Content;
(g) engage in any activity that interferes with or disrupts the Services;
(h) use the Flowte APIs in a manner that fails to comply or is inconsistent with any part of the Flowte API documentation
(i) use the Flowte APIs in, or to develop, a product or service that competes with products or services offered by Flowte.
4.5 Security.
(a) Overview.
Flowte takes the security and privacy of its Users seriously. Therefore, we have adopted certain minimum requirements that Your Applications must meet from a security and privacy perspective that are described in greater detail below.
(b) Securing User Consent.
You shall secure, and are solely responsible for securing, clear, express consent from each Flowte user whose Content you access via the Flowte APIs that grants you permission, to the extent applicable, (i) to access such user’s Flowte account(s), (ii) to retrieve, store and use Content from such account(s), and (iii) to write information to such account(s). Your notice seeking such consent shall be specific as to each purpose for which you will access, retrieve, store, use and write each type of Content. You will strictly comply with the scope of express consent granted you at all times with respect to Content obtained from such account(s).
(c) Contact and Cooperation.
You must be reasonably available for security questions or concerns. You can change this name or contact by signing up for a new application key, and providing the correct contact information and using the new application key in lieu of your existing key. If we cannot contact you or we believe that the circumstances require immediate action on our part, we may suspend your access to the Flowte APIs during the period of a security issue.
(d) Virus Precautions.
You agree that Your Application and any related documents and other materials that you provide to Flowte will first be checked by you with Internet industry standard up-to-date antivirus and anti-worm software prior to being introduced to the Flowte Services and that you will not knowingly introduce any virus, worm or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services.
(e) Industry Standards.
You warrant that your networks, operating system and software of web server(s), routers, databases, and computer systems (collectively, the “Systems”) are properly configured to securely operate Your Application and store Content. Your Application must use reasonable security measures to protect the private information of your users. You must not architect or select Systems in a manner to avoid the foregoing obligations.
(f) Reporting.
You must promptly report any security deficiencies in or intrusions to the Systems that impact or compromise our Site, Site Content, Services, or Flowte APIs to Flowte in writing via email to info@flowte.com. In the event of any such security deficiency or intrusion, you will collaborate with us to make any statements (i.e. press, blogs, bulletin boards, etc.) regarding such instance.
(i) Security Reviews.
Flowte will have the right, at its own expense, to inspect and review documentation related to Your Application, Your Systems and your compliance with this Section 4.6. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. You will (at your own expense) promptly correct any security flaws determined to exist by Flowte based on such inspection and review. You will then promptly certify to Flowte in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. If a review reveals a material breach of any of these security provisions, you will reimburse Flowte for the reasonable costs of the review.
5.1 Site Content.
As between you and Flowte, Flowte owns all rights, title, and interest (including without limitation all intellectual property rights) in and to the (i) Flowte APIs, and all executables of the APIs; (ii) the Site Content; and (iii) the Services (collectively, the “Flowte Materials”). Except for the express licences granted in these API Terms of Use, Flowte does not grant you any right, title or interest in the Flowte Materials. You agree to take such actions as Flowte may reasonably request to effect, perfect or confirm Flowte’s rights to the Flowte Materials. Any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Flowte by you (collectively “Feedback”); and all improvements, updates, modifications or enhancements, whether made, created or developed by Flowte or otherwise relating to Feedback (collectively, “Revisions”) are subject to our Terms of Service
5.2. Your Content and Your Application.
You represent and warrant to Flowte that the use by Flowte and its Users of your company, organisation, or product name and/or logo (“Your Content”) and Your Application will not violate the rights of any third party (e.g., any intellectual property or other proprietary right), or any applicable law. You hereby grant to Flowte a paid-up, royalty-free, nonexclusive, worldwide, irrevocable, sublicensable right and licence, under all of your intellectual property rights, to copy, use, perform, and display Your Application and its content for purposes of marketing, demonstrating, and making Your Application available to Users. You may not issue any public announcement regarding your use of the Flowte APIs that suggests partnership with Flowte without Flowte’s prior review and written approval, at Flowte’s discretion. Following the termination of the licence granted to you in Section 4 and upon written request from you, Flowte shall use reasonable efforts, as determined in its discretion, to remove all references and links to Your Application from the Services.
Content that you obtain from the Services through Your Application is largely Content provided by third parties (e.g., Flowte Organisers). As such, Flowte makes no representation or warranty as to the accuracy, authenticity, completeness or legality of Content obtained from the Flowte APIs, all of which you use at your own risk. All such Content obtained from the Flowte APIs and the Flowte APIs themselves is subject to our Disclaimer of Warranties contained in the Terms of Service.
You acknowledge and agree that these API Terms of Use and the licence and other rights granted herein do not create an exclusive relationship between you and Flowte. Flowte may, or may engage or permit others to, develop applications that are the same or similar to Your Application for any purpose, including without limitation any commercial purpose.
Flowte reserves the right to change, suspend, or discontinue any aspect of the Flowte APIs at any time, including the availability of any Flowte APIs.
Flowte reserves the right to charge fees for future use of or access to the Flowte Materials in Flowte’s discretion. If Flowte decides to charge for any Flowte Materials, you do not have any obligation to continue to use such Flowte Materials.
“Flowte Confidential Information” means all non-public Flowte information relating to the Flowte APIs, and any other information designated in writing by Flowte as “Confidential” or an equivalent designation. Without granting any right or licence, Flowte agrees that Flowte Confidential Information does not include information that (i) is or becomes (through no improper action or inaction by you) generally available to the public, or (ii) was in your possession or known by you without restriction prior to receipt from Flowte, or (iii) was rightfully disclosed to you by a third party without restriction, or (iv) was independently developed by you without use of any Flowte Confidential Information. In addition, you shall not disclose Flowte Confidential Information to any third party without Flowte’s prior written consent, except in instances that you reasonably determine that you are required by a Legal Requirement, provided you use reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order and allow Flowte to participate in the proceeding (to the extent permitted by the Legal Requirement). For purposes of this Agreement, “Legal Requirement” means any law, rule, regulation, order, subpoena, interrogatory, discovery request, or other legal requirement of a governmental authority. You shall not disclose your developer passwords or other credentials to any third party, and you shall not use Flowte Confidential Information except for the express purpose for which it was disclosed.
This Agreement is between the organisation defined on the client’s order form (hereinafter referred to as “COMPANY”), and TicketLord Limited T/A Flowte with its principal place of business in Dublin, Ireland (hereinafter referred to as “FLOWTE”). In consideration of the rights and obligations herein set forth, the parties do hereby agree as follows:
1 Annual Sales Item Volume / Annual Minimum: 100,000 items processed via Flowte (excluding zero value items) or the volume specified on the order sheet (the higher of the two shall be applied)
2 Per Item Fee: As defined on order sheet
3 Flowte Payments Rate: As defined on order sheet
4 Currency: All Fees outlined in this appendix are in client’s base currency per order sheet
5 Term of Agreement: This agreement shall commence and renew on the dates defined in the order sheet. Should client log in to Flowte within sixty days of its renewal date or process orders for events or services due to take place after the contract renewal date the contract will be automatically renewed for a period of seven years unless the original term was longer than seven years in which case the same term shall be applied to the renewal.
6 Confidentiality: All aspects of this contract are strictly confidential to both parties.
7 Terms of Service: All aspects of this contract are subject to Flowte’s terms of service
8a Additional Services and Professional Services: Pricing for these offerings are defined in the client’s order sheet or amendment sheet. Any modification to the additional services required will result in an extension in the contract term
8b Venues & Locations: This agreement shall reflect venues and locations configured in the clients’ Flowte organisation at the date at which the contract was entered into or was renewed as applicable. Any change of venue(s) or location(s) will require a contract amendment.
9 Payment Terms
9.1 All fees defined in this Appendix are due per the terms of service
9.2 For clients using the pre-pay model, should the number of items processed using Flowte exceed the pre-pay “annual sales item volume” in any twelve-month period within the contract term the client will have the option to prepay for additional items. Should the volume of items fall below the “annual sales item volume” the shortfall will be considered to have expired and under no circumstances will these items be carried forward into any future year nor will any refund be issued to the client.
For clients using the post pay model, should a shortfall arise in items processed as compared with the defined “annual sales item volume” the client must pay the difference between the number of items processed and the “annual sales item volume” defined above multiplied by the per item fee / percentage fee as applicable per their contractual fee type.
Flowte reserves the right to collect the full amount of any fees which would have fallen due from use of Flowte Payments. This amount shall be defined as the “annual sales item volume” multiplied by the client’s average item price and multiplied by the Flowte Payments Fee.
Should client cease using the Flowte service during the contract term or engage with an alternative provider whilst still under contract with Flowte, Flowte will issue a breakage invoice to collect all fees which would have fallen due during the remaining contract term including but not limited to the below:
Failure to pay these fees may result in closure of clients account without notice.
9.3 Use of Flowte Payments is also subject to Flowte Payments Terms of service.
9.4 Flowte reserve the right to be the exclusive provider of ticket sales and e-commerce software to the client. Use of Flowte Payments is also provided on an exclusive basis. If there is any breach of this clause Flowte reserve the right to recover any amounts owing under the terms of this agreement from any new or alternative provider and cojoin them in any legal action necessary to recover the amount outstanding.
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Hugh O’Morain, CEO
SiteOps