CLIENT AGREEMENT AND TERMS AND CONDITIONS OF USE

THE FLOORR Ltd. ("TF", "we", "us", "our") provides mobile and desktop services, blogs, social media presence and facilitates sales of fashion products, marketing services to Clients ("Client" "you", "your" "User") and operates a platform ("the Platform"), application ("App"), websites, services, and Application Programming Interfaces ("APIs") including but not limited to all domains and subdomains at thefloorr.com ("Sites") (collectively, "the Services"). This Agreement and terms and conditions of use ("this Agreement") govern your use of and access to the Platform and the Services. The use of the Services is described as browsing through the content of the webpage that is shown via looks and being redirected to partners and Retailers.

This Agreement was last updated in July 2023.

You are required to read and accept this Agreement when using the Platform and ordering Products from Retailers. If you do not agree to comply with and be bound by this Agreement, you will not be able to use the Platform or order Products displayed by Retailers on the Platform, App, and/or Website. Please read this Agreement and the documents below very carefully. The following documents with which you must comply also apply to your use of the:

The Website Terms, which can be found here.
Our Privacy Notice, available here.
Our Cookie Policy, available here.
Our Acceptable Use Policy, available here.

Information about us and how to contact us
1. The Platform is operated by The Floorr Limited. We are a limited company registered in England and Wales under company number 11485658 whose registered office is at 2nd Floor Butler House, 177-178 Tottenham Court Road, London W1T 7AF, UK.
2. Our VAT number is GB345375488.
3. We provide means for you to purchase Products from Retailers through the Platform and other channels. TF receives compensation from Retailers by promoting Retailer content via the creation of looks and redirecting the buyers or Clients to the retailers, brands, designers, merchants, and any other type of retailers that participate as partners, all known as "Retailers". TF decides on its sole discretion which Products or brands to promote. The only way to receive the Services offered by TF is to accept this Agreement by creating a "Client Account".
4. To contact us with general questions, please email us or contact us in the following ways:
  - by post, by writing to us at The Floorr Limited, at 2nd Floor Butler House, 177-178 Tottenham Court Road, London W1T 7AF, UK; or
  - by email at: contact@thefloorr.com
Scope and duration of this Agreement
1. TF provides an intermediation service between you and Retailers through the Platform and acts only as an intermediary between you and a Retailer. The supply of any Products by a Retailer to you will be subject to an entirely separate legal contract with the Retailer.
2. If there are any issues with the Retailer or the quality of the Products supplied by them, then you will have legal rights of redress against the Retailer directly, and not against TF.
3. TF shall have no liability to you whatsoever in respect of the supply of Products by any Retailer that you contract with through the Platform.
4. This Agreement shall be effective immediately upon your creation of a Client Account (the "Effective Date") and shall continue indefinitely until you or we end this Agreement.
5. TF may end your use of the Platform or the Services without cause or notice in its sole discretion, including, without limitation, if TF:
  1. believes that you have violated or acted inconsistently with the terms of this Agreement; or
  2. you do not comply with our Acceptable Use Policy; or
  3. any Content (defined below) that you post on social media damages TF's commercial or business relationships, including but not limited to, with Retailers, other users, Clients or shoppers.
6. In the event that this Agreement is ended by TF or by you, TF may at its sole discretion suspend or terminate your access to the Platform.
7. You may end this Agreement at any time upon written notice to TF.
Changes to this Agreement
1. We may alter this Agreement from time to time, for example, to reflect changes in Applicable Law and regulatory requirements. If we do so, changes will be posted on the Platform and the Website at: www.thefloorr.com or we will send you a message to your email address that you provide to us when you create a Client Account (see Condition 5 below).
2. "Applicable Law" means any law which includes, but is not limited to, consumer law, laws governing the use and operation of the Platform; relevant laws applicable to Retailers and the Products that they provide to Clients.
3. All changes shall become effective 30 days after posting. Continued use of the Platform and the Services by you after the effective date of the changes to this Agreement constitutes your acceptance of them.
Access to the Platform and your use of the Services
1. Access to the Platform is free of charge.
2. It is your responsibility to make the arrangements necessary in order to access the Platform.
3. TF is not responsible, either partially or entirely, for any part of the process involved in purchasing products through our services. Please note the following:
  1. Purchasing process: When you purchase a product after using our services, it must be completed directly on our retailer partners' websites.
  2. Responsibility disclaimers: THE FLOORR is not responsible for any of the following:
    1. Any information requested by the retailers or their Data Protection Policy;
    2. Order acceptance or product availability;
    3. Any content on the retailers' websites, as items or products featured in our looks are not reserved and may be purchased by other customers;
    4. Pricing, exchange rates, currency used, VAT, taxes, duties, shipping, or any other charges applied to the product during the purchase on the retailer's website;
    5. Order cancellation, which should be directly addressed with the retailer; or
    6. Returns and exchanges, which should be handled directly with the retailer.
  3. If you have any concerns or issues regarding a purchase you made, please address them directly with the retailer. THE FLOORR is not involved in this process. (Please Note: Each retailer may have different policies from one another.)
4. Use of the Platform is subject to this Agreement and the Website Terms. Please ensure that you have read them carefully, that you understand them, and that you agree to them. If you do not agree to this Agreement, or any part of it, or to any of the Website Terms , then you must not access or use the Platform.
5. Subject to your acceptance of this Agreement, your acceptance of our invitation to join TF, your continuing compliance with this Agreement and any other relevant TF policies, TF grants to you a personal, non-exclusive, non-transferable, revocable limited license to use the Services. You agree not to use the Services for any other purpose, including without limitation to copy, distribute, assign, sell, sublicense, or prepare derivative works, except as specifically allowed in this Agreement.
6. TF reserves the right to discontinue the Services or to change the content or any component of the Services in any way and at any time, with or without notice to you, and without liability.
7. TF makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the products or services provided by any Retailer, or other individual, company, or service provider utilising the Services or featured on the Services and assumes no liability related thereto.
Creating a Client Account
1. To be able to use the Services you must create a Client Account. You will be able to create an account on the Website in accordance with the following conditions:
2. Eligibility:
3. To create a Client Account, you must be 18 years of age or older. TF does not encourage, solicit or permit visitors to use the Services who are under the age of 18 years.
4. Registration and use:
  1. As part of the registration process, you will create a username and password and provide certain information. You must provide and maintain updated and accurate information. By registering for the Services and/or otherwise agreeing where applicable, you hereby authorize TF to send you emails and other communications.
  2. You are solely responsible for maintaining the confidentiality of your username(s) and password(s).
  3. You may not authorize others to use your account, and you may not share, assign or otherwise transfer your account or login information to any other person or entity. You are responsible for any and all activities that are conducted through your account.
  4. TF shall be entitled to assume that a user presenting your username(s) and password(s) is, in fact, you. You agree to notify TF immediately of any unauthorized use of your account. TF shall have the right at any time to change, modify or amend your username(s) and password(s).
  5. You represent and warrant that the information you provide to TF is accurate, true, not confidential, and not in violation of any contractual obligations or other third-party rights. You agree that it is your responsibility to keep your information accurate and updated. You represent and warrant that you are not a competitor of TF and are not using the Services in competition with TF. You further represent and warrant that you are using the Services solely for personal / personal commercial reasons as a User and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Services, any materials available through the Services, or TF.
5. Updates
6. TF shall have the right in its sole discretion to substitute, replace, modify or upgrade ("Updates") the Services as TF deems advisable; and all such updates shall be incorporated in and subject to this Agreement and shall be the exclusive property of TF. If TF shall provide you with any such updates, you may be required to utilize such version. TF will only support the most recent and current version provided to you.
7. Support
8. TF reserves the right at any time to discontinue, cancel, or modify technical support provided, if any.
9. Messages
10. You agree to receive messages, including notices and marketing materials, through the Services or through your contact information, including but not limited to email communications or any other communication channels to which you have otherwise agreed. Further, you agree that through the Services you may be contacted by Retailers on the Platform, Sites, and Apps solely as directly necessary for Sponsored Campaigns and for no other solicitation or advertising without your prior consent. It is your responsibility to ensure TF has your current contact and payment information at all times. Any notice sent to you via messaging on the Platform, Sites, or Apps, or via the email address you provide shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
11. Recommended Content
12. Our Services include making suggestions for content that may be interesting to you and/or other Users. TF uses the data you provide, and the data TF has about other users to make these recommendations.
13. Mobile Devices/Carrier Charges.
  1. Certain portions of the Platform, Sites, or Apps may be configured for mobile devices, mobile websites, and/or mobile applications (collectively, "Mobile Media"). This Agreement shall apply with equal force and measure to your access and use of the Platform, Sites, and any of the Apps through Mobile Media. If you visit, access, or use the Platform, Sites, or any Apps through Mobile Media, then you hereby acknowledge and agree that information about your use of the Platform, Sites, or such Apps through a mobile device and/or a mobile device carrier (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to TF; and that you accept full responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any.
  2. The data fees, rates, and charges of your mobile device carrier may apply to your visit, access, and/or use of the Platform, Sites, or any of the Apps. TF is not responsible for, and you further accept full responsibility for, all mobile device and carrier fees, rates, and charges that may apply, if any.
Use constraints
1. You are not allowed, and you should not permit others to:
  1. replicate, copy, sell, lease, distribute, allocate, sublicense or plagiarise from TF Websites;
  2. tamper with, introduce code or harmful data into, overload or otherwise interfere with the normal operation of TF Website, TF Tools, or any other platform or accounts that belong to TF;
  3. perform any unauthorised changes or erasure of any data, text, images, links, information, chat, software, communications or any other type of content that is available through TF website;
  4. use any kind of automated system, such as, but not limited to, bot, spider, screen scraper, API client or other similar system or tool with TF website;
  5. copy and/or monitor TF web pages, or any content contained in any of TF's platforms including TF Tools, including without limitations screenshots or screen captures;
  6. reverse engineer, decode, decompile, or otherwise derive the source code or proprietary data structures of any of TF website or related services.
2. You agree that you are solely responsible for your use of the Platform, that includes any type of communication and activity on the Platform. TF, at its sole discretion, may decide if you have used the Platform in an irresponsible way, and deny the use of the Platform either temporarily or permanently in accordance with Condition 12 in this Agreement.
Business customers
This Agreement does not apply to customers purchasing Products in the course of their business. Please contact us if you are a business and wish to use the Website.
Compliance with our policies
You must comply with our Website Terms; Acceptable Use policy, Privacy Notice and Cookie Policy.
Placing orders with a Retailer, returns, exchanges and cancellation
1. TF is not responsible, either partially or entirely, for any part of the Retailer order process. If you decide to purchase Products after using our Services, this must be done directly in our Retailers partners' website. TF is not responsible partially or entirely for any type of content that Retailers may have in their websites. Products that are in any of our looks are not reserved, and they may be purchased by other Clients.
2. To place an order for Products in one of our partner Retailers, you must be eligible to purchase according to their terms. That means that you must fulfil the requirements that the specific Retailer requires, this includes personal information and payment methods. Payment methods may differ in each Retailer. TF is not responsible, either partially or entirely, for any information that the retailers request, nor for the Data Protection Policy that the Retailer uses.
3. When placing the order in a Retailer, TF is not responsible for the acceptance of the order or availability of the Products.
4. TF is not responsible, either partially or entirely, for the pricing of the products, the exchange rate, currency used, VAT, taxes, duties, shipping or any other charges that may be applied to the Products when making a purchase on the Retailer's website. These charges may vary from different Retailers.
5. Cancellation of a placed order is your sole responsibility, and you must contact the Retailer directly.
6. Returns and exchanges of a placed order are your sole responsibility. You, as the Client must contact the Retailer directly. Each Retailer may have a different return and exchange policy. TF is not responsible, either partially or entirely, for any part of the process.
7. If you have a concern or an issue regarding a purchase you have made, this is between you and the Retailer, and TF will not be involved in this process in any way whatsoever. TF accepts no responsibility or liability for any act or omission of any Retailer. TF simply provides the Platform through which you, as a Client, can discover and access the products or services of a Retailer.
8. The Retailer that you contract with is responsible for ensuring that all Products meet all required quality standards and comply with all Applicable Law. You have legal rights as a Client.
9. If you wish to cancel your Order for Products with a Retailer, you must contact the Retailer direct. The Retailer's standard terms and conditions of sale will provide details of its cancellation policy. Each Retailer may have a different cancellation policy. TF is not responsible, either partially or entirely, for any part of the process.
Events and TF Content
You represent, warrant and agree that any events you attend hosted by and/or at the invitation of TF are at your option. You agree to follow any and all event rules, including safety and wellness (including COVID) protocols and you acknowledge and accept the risk of any attendance and release TF of all liability associated with your attendance at any such event.
Social media and your content
1. Representations and warranties.
2. You represent, warrant and agree that you are the exclusive owner of your Content and/or you have all rights, licenses, consents and releases necessary for the Content, including those from third party's whose likeness, music, or other intellectual property you include in your Content, that you make available on the Services, including the right to grant all of the rights and licenses in this Agreement without TF incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. You further represent, warrant and agree that your Content does not infringe, misappropriate or violate a third party's intellectual property rights, a third party's rights of publicity or privacy, or any other law or regulation. You further understand that any Content is subject to the Agreement License and hereby warrant and represent appropriate transferable rights thereto.
3. License.
4. You grant to TF a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform and publicly display your Content for the purpose of operating, promoting, and improving the Services. Without limiting the above, you grant TF the right to syndicate your Content for any purpose, including without limitation the right to use such syndicated Content to promote the TF brand. You further grant to TF all rights necessary to facilitate your use of a third party's site, app or services that require syndication or other use of your Content in connection with TF. You further grant to TF a non-exclusive, worldwide, royalty-free license in perpetuity to use your name, nickname, image, voice, likeness, social media handles, persona, biographical / professional / identifying information about you, trademarks, and logos in any and all media solely for the purpose of promoting your use of TF Services and for research, development, and marketing purposes, and TF's use of TF owned derivative works. For the avoidance of doubt, all derivative works created by TF are exclusively owned by TF.
5. Use of the Platform chat function
6. You are permitted to use the Platform chat function on the strict understanding that the User will comply with TF's Acceptable use policy that can be found here
ACCEPTABLE USE AND INAPPROPRIATE CONTENT.
1. You may only upload content in accordance with TF's Acceptable use policy that can be found here.
2. You may not post inappropriate Content in connection with the Services. Inappropriate Content includes anything TF, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services or which jeopardizes the TF brand.
3. You agree to remove any Content that TF determines in its sole discretion is Inappropriate Content. Further, posting Inappropriate Content or otherwise violating this Agreement in any way may lead to notification to your Internet Service Provider if deemed necessary in TF's sole discretion. Without limiting any other damages or remedy available to TF or a Retailer or other User, the posting of Inappropriate Content or otherwise violating this Agreement in any way may result in loss of privileges, including forfeited commissions, or you are being immediately and permanently banned from the Services at TF's sole discretion.
Third party applications
TF may, in its sole discretion, provide Users with access to third-party applications, which interface with TF application programming interfaces ("TF APIs") (for purposes of this Agreement, such third-party applications are "Developer Apps"). Developer Apps use TF APIs but are not endorsed by TF. Use of such Developer Apps by Users is voluntary. Use at your own risk. By using Developer Apps, you are granting Developer Apps access rights to your Content, including without limitation related metadata. TF makes no representations or warranties regarding Users' use of any Developer Apps, which shall be governed by a separate agreement between Users and the owners of such Developer Apps. Users agree that TF has no liability whatsoever for the Developer Apps, including, without limitation, providing continued access to the TF APIs, technical issues related to the Developer Apps or their interaction with the TF APIs, and any damages or claims caused by, arising out of or relating to the Developer Apps. TF may change, suspend, or discontinue any aspect of the TF APIs at any time, including the availability of any TF APIs. TF may also impose limits on certain features and services or restrict Developer App's access to parts or all of the TF APIs or the TF Services without notice or liability.
Non-disparagement and non-interference
1. You agree that you will not make disparaging statements about TF or its Services, employees or agents or any Retailers featured on the Services at any time. For the purpose of this Agreement, "disparaging" means a statement that denigrates the reputation, products, or services of another. Moreover, you agree that you will not take any action that could be deemed to interfere with TF's relationship with any Retailer or other User.
2. If TF determines that: (a) the User has committed or commits any act or omission, or becomes involved in any conduct, that is likely to adversely affect TF, User, or TF's or User's image, brand, reputation, products or services; (b) the User has made or makes any statements, acts in any manner, or is associated with any content, views, opinions, or other subject matter that TF finds objectionable or offensive, or that casts TF or TF's image, brand, reputation, products, or services in a negative manner, as determined by TF in its sole discretion; (c) the User engages in any discriminatory, defamatory, or offensive conduct, or conduct which is likely to, or does divide, shock, insult, or offend any person , or any class or group thereof; or (d) there is reporting of allegations or accusations that User has engaged in any act, omission, or conduct that may be seen as offensive and reprehensible from a legal or moral perspective, or that is likely to affect TF or TF's image, brand, reputation, products or services, or relationships with its Clients, including Retailers/brands, other users, or Clients, all as determined by TF in its sole discretion, TF shall have the right to terminate this Agreement effective immediately by written notice to the User. The foregoing shall apply to any act or omission done prior to the Term but of which TF becomes aware of during the Term or the Exclusivity Period. Additionally, the User will not disparage or denigrate TF, its products, services, or employees, the Materials created hereunder, or User's association with TF. TF's decision on all matters arising under this paragraph shall be conclusive, and its rights under this paragraph shall be in addition to any other rights or remedies, which TF may have hereunder or at law or in equity.
3. Without limiting any other damages or remedy available to TF or a Retailer or other User, violation of this provision will result in loss of privileges, including suspension, or termination, at TF's sole discretion.
Takedown of Content
Within 24 hours of TF's request, you agree to take down any and all Content posted by you on any the Platform and any external platform (whether TF posts, social media, blogs, websites, or any other medium).
TF Information and Press Releases
The Services may contain interviews, discussions, press releases and other information (collectively, "Information") about us, our business and our Services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Services. While all Information prepared by TF is believed to be accurate as of the date prepared, TF disclaims any duty or obligation to update any Information. Statements concerning companies other than TF should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information are solely those of the author(s) and do not necessarily reflect those of TF.
Links to other websites, networks, platforms and apps
The Services may contain links to third party sites, networks, platforms or apps ("Linked Technologies"), including advertisers. However, please be aware that TF is not responsible for and cannot control the terms of service or privacy policies of such other Linked Technologies. TF encourages you to be aware when you leave the Services, and to read the applicable agreements for each and every Linked Technologies. This Agreement applies solely to these Services. TF is not responsible for and makes no representations or warranties regarding Linked Technologies, including without limitation, the content, accuracy, opinions, functionality, or services provided in such Linked Technologies. Inclusion of any Linked Technologies on the Services does not imply approval or endorsement by TF. If You decide to access any Linked Technologies, then You do so at your own risk.
Intellectual Property and Content
All looks browsed and viewed during your use of the Services are intellectual property of TF and are protected by copyright. The technology and the software used to fulfill the Services belong exclusively to TF. When you use the Services or visit the website, it grants you no rights in relation to copyright, trademarks and designs, or any other type of intellectual property such as software, technology and content, or any other intellectual property belonging to TF. It is forbidden to reproduce, copy, distribute the Content of the site and the Services. Content is defined as any looks, pictures, photographs, media, text, or other content available on the site. TF does not promise nor acknowledges that the Content is error-free, free from any virus or other dangerous components.
Feedback and idea submission; BETA and TF Research offerings
All User comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to TF in connection with the use of the Services shall become the exclusive Intellectual Property of TF, including, without limitation, any feedback on TF beta offerings or TF Research services. Such Ideas will not subject TF to any confidentiality obligations and TF shall have no obligations to the User contractually or otherwise. You agree that TF shall become the owner of such Intellectual Property and may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you.
Limitation of our liability
1. Except as expressly and specifically provided in this Agreement:
  1. the User assumes sole responsibility for results obtained from the use of the Services and the documentation by the User, and for conclusions drawn from such use. TF shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to TF by the User in connection with the Services, or any actions taken by TF at the User's direction;
  2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
  3. the Services and the Documentation are provided to the User on an "as is" basis.
2. Nothing in this agreement excludes the liability of TF:
  1. for death or personal injury caused by TF's negligence; or
  2. for fraud or fraudulent misrepresentation.
3. Subject to clause 21.1 and clause 21.2:
  1. TF shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, wasted expenditure, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
  2. Nothing in this agreement excludes the liability of the User for any breach, infringement or misappropriation of TF's Intellectual Property Rights.
4. In accordance with Condition 9 above, you acknowledge that the contract for the supply of Products is between you and the Retailer, and it is the Retailer who is responsible for and is liable for the supply of the Products to you.
5. TF shall have no liability to you whatsoever in respect of the supply of Products from the Retailer with whom you contract, with through the Website.
6. Nothing in this Agreement seeks to exclude or limit your legal rights as a Client.
Complaints and feedback
1. Whilst we always use reasonable efforts to ensure that your experience as a User of the Platform is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
2. All complaints are handled in accordance with our complaints handling policy and procedure, available here.
3. If you wish to complain about any aspect of your dealings with us, please contact us using the contact details provided above in Condition 1 in the Agreement.
How we use your personal information
We will only use your personal information as set out in our Privacy Notice, available here and our Cookie Policy, available here.
Other important Conditions
1. Variation
2. TF may modify this Agreement or any other terms, such as the Privacy Notice at any time. This Agreement and any accompanying or incorporated terms are effective immediately upon registration. You should review all applicable terms regularly. In the event new terms may be displayed on-screen, you may be required to read and accept them to continue your use of the Platform, Apps, or Sites. TF will also post the terms at [insert correct link here]. If you choose not to accept any new terms, you may close your account. Where the law allows, you acknowledge that continued use of TF Services after TF posts or sends notice of updated terms means that your personal data is subject to any updated Privacy Notice.
3. Force Majeure
4. TF shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, pandemic, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of TF.
5. Waiver, Severability and headings
6. If any provision of the Agreement is found to unlawful, be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted, therefore. TF's failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
7. Third party rights
8. This contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of this Agreement.
9. Entire agreement
  1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.
  2. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.
  3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
  4. Nothing in this clause shall limit or exclude any liability for fraud.
10. Assignment
11. TF may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without TF's written consent.
12. Law and Jurisdiction
  1. This Agreement, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law. If you are a Client then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a Client we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
  2. Any dispute, controversy, proceedings, or claim between you and us relating to this Agreement or to the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Notices and contact
1. Any notices, message, or communication sent to you by TF will be sent via the Platform, Apps, or Sites and/or to your email address and/or via your phone number or push notification on your device on file with TF, which may be updated by you in writing on the Services at any time. It is your responsibility to ensure that TF has your current contact information at all times. Any notice sent by TF to you, the Platform, Apps, or Sites and/or via the email address and/or via your phone number or push notification on your device you provided shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
2. Any notice or communications given to a party under or in connection with this contract shall be in writing and shall be:
  1. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
  2. sent by email to the following addresses (or an address substituted in writing by the party to be served):
    The FLOORR Ltd., for the attention of LEGAL: legal@thefloorr.com
    User: [INSERT USER EMAIL ADDRESS]
3. Any notice shall be deemed to have been received:
  1. if delivered by hand, at the time the notice is left at the proper address;
  2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;
  3. if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
4. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, "writing" shall not include e-mail.
NOTE ABOUT THIS AGREEMENT AND APPLE.
1. The following addresses certain matters with respect to Apple Inc. ("Apple") and/or the so-called "Usage Rules" set forth in Apple's App Store Terms of Service (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html, and last updated as stated on that page) as of the effective date hereof ("Apple's Usage Rules"):
2. Acknowledgement. The Parties hereby acknowledge that:
  1. this Agreement is between the Parties only, and not with Apple;
  2. Apple is not responsible for the Sites, the Apps, or the content thereof;
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
  4. Apple has no warranty obligations, whether express or implied;
  5. Apple is not responsible for addressing any claims you or any third party have or may have relating to any of the Apps or your possession and/or use of any of the Apps, including, without limitation:
    1. product liability claims;
    2. any claim that such Apps fail to conform to any applicable legal or regulatory requirement;
    3. claims arising under consumer goods or similar legislation; and (iv) intellectual property infringement claims;
    4. this Agreement's usage rules for the Apps are not intended to be less restrictive than Apple's Usage Rules;
    5. Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement; and
    6. upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.
3. Amended Scope of Limited License — The Apps. If you download, access, or use any of the Apps from or through Apple's App Store, then the limited license granted to you hereunder with respect to such Apps is hereby amended to add the following restriction: you may not use such Apps on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control, or in any manner that is contrary to Apple's Usage Rules.