Fluxir
Terms of
Service
These terms ("Terms")
govern the use by a User (defined below) of the 'Fluxir' platform (at www.fluxir.com)
operated by Freepass Inc., D/B/A Fluxir ("We" or "Fluxir") which facilitates international
visa application services
and provides other travel related services, features and products (the "Platform").
For the
purpose of these Terms - A "Country" means a country or any other
sovereign territory, anywhere in the World; a "Visa" means - an entry permit or grant of access to a certain Country,
by Diplomatic Services following submission of the required application(s), for
different authorized purposes and under certain terms, in accordance with the
laws of the applicable Country, state and/or governmental entity; a "User" or "You" means any corporate entity or person which/who is duly
authorized to file for Visa applications for and on behalf of its employees
and/or service providers and/or customers (or other parties as permitted by
Fluxir in writing on case by case basis),
including, without limitation, corporations, travel agencies and non-profit/non-governmental
organizations; a "Traveler", means an applicant for a Visa in connection with whom an application for
a Visa through the User is submitted by a User via the Platform; and a "Diplomatic
Service" means a Country's qualified diplomatic services and agencies,
including its embassies, consulates etc.
As a 'User', You must read these Terms
carefully before using the Platform or applying for a Visa and/or using any of
the additional features and services available on the Platform, because by
using the Platform, creating an Account (defined below)
or clicking "I Agree", You agree to be bound by these Terms. If these Terms are not agreed, or may not be
complied with by You, for any reason, You should not
access or use the Platform and/or any feature and/or service available thereon.
Your use of and access to the Platform (and any of the features and services
available thereon) constitutes an agreement by You to be bound by these Terms
and establishes a contractual relationship between You and Fluxir in accordance
with these Terms.
Fluxir may
update these Terms at any time, at its sole discretion, which updates will be
effective upon notifying You of such updates by an email notification or by
posting a notice to this effect on the Platform. Your continued use of the
Platform following such notification shall constitute a consent by You to the
updated Terms. If You do not agree to such updates, You
may not use, and should immediately cease using the Platform.
The Platform
1.
The
Platform offers Users automated end-to-end Visa application services and other
travel documentation related services, features and/or products (the "Service").
Users may access the Platform at any time and apply for a Visa for and on
behalf of Traveler(s) for any Country they select, available via the Platform
("Application"). The Platform and
the Service may be used by Users who are either (i) natural persons, or (b)
legal entities (eg. companies). Users who are natural persons must be above the
age of 18.
2.
As a User,
You may submit Applications with respect to one or
more Traveler(s). You acknowledge that Fluxir does not and will not have any
direct or indirect communication with Travelers, and You shall be solely
responsible for any interaction and/or communication between You and Traveler.
User
Account
3.
In order
to submit Applications on the Platform, You are
required to create and register a user account ("Account"). Accurate information must be provided during registration, and You shall
ensure to update such information from time to time in order
to keep such information accurate, up-to-date and complete. Failure to provide accurate
information upon registration or to keep such information up to date may result,
among others, in deleting your Account at Our sole discretion. The Account is
non-transferable without first obtaining Fluxir's written consent. You will be in charge of the security of your Account and will not
disclose Account details to any person or entity. Fluxir will not be liable for
any loss or damage caused to the User or Traveler(s) and/or any other party, by
any unauthorized use of the User's Account, and User shall immediately notify
Fluxir upon becoming aware of any such unauthorized use.
4.
Accessing
the Platform by Users will be made available through a dashboard which Users
can access by logging into the User's area on the Platform.
5.
Fluxir
reserves the right to refuse to accept any person or entity as a 'User' on the
Platform at its discretion without any liability to such person or entity.
Submitting an Application
6.
By
submitting an Application on the Platform, You
authorize us and entrust us with processing the Application with the concerned
Diplomatic Service(s) and/or authorities.
7.
The
Application must at all times be submitted and handled
by You in accordance with these Terms and in full compliance with any
applicable law, including, the applicable Diplomatic Services' legal and
procedural requirements and processes. Users must submit only Applications that
are completely authentic and legal on behalf of Travelers.
8.
Users must
obtain a proper legal proxy and authorization in accordance with all applicable
laws from each Traveler for whom Applications will be submitted through the
Platform and/or any other service is processed on their behalf thereon ("Proxy") for the purpose of acting on
behalf of such Traveler, and shall ensure that such
Proxy shall remain in force and effect during the entire Application process.
Fluxir will not be liable for any damages resulting from Applications submitted
by Users without obtaining such Proxy.
9.
Your
Application for a Visa must include complete and precise information about the
Traveler(s) including, personal information, traveling documents information (eg. passport details), traveling information or any other information
or requirement for submitting the Application and any applicable Visa
requirement (together, the "Travelers
Information"). You hereby grant Fluxir a worldwide, royalty-free,
nonexclusive, irrevocable, perpetual, sub-licensable and transferable license
to use, copy, prepare derivative works of, distribute and transfer to the
applicable authorities Travelers Information without limitation of time, for
the purpose of providing the Service through the Platform and enable Fluxir to
perform its obligations hereunder.
10. A User will be able to view through its Account all
pending Applications and their status by logging into the Applications area on
the Platform. We encourage You to revisit your
Account frequently to check the status of any pending Applications submitted by
You. In case of a Visa refusal with respect to a Traveler, You
may be able to submit an appeal for such refusal through the Platform.
Submission of appeals for any Visa refusal through the Platform may be subject
to payment of fees as may be indicated on the Platform on a case-by-case basis.
For avoidance of doubt, no fees or charges will be refunded due to delays or refusal
of an Application or denial of service.
11. Modifications in Application(s) will be available to the
extent permitted under applicable laws of and in accordance with each Country's
regulations. Where applicable, Users agree to pay any additional charges or fees
associated with such modification of the Application(s), as determined by
Fluxir and/or the Diplomatic Service. In certain cases, modifications in
Applications may not be available or permitted. Users hereby disclaim and
forever release Fluxir from any claim with regard to
its decision not to permit any modification in the Application in such
circumstances and unconditionally waive any such claim.
12. Certain Diplomatic Services may request Travelers to
attend personal interviews ("Interview(s)"). You are solely responsible
for notifying Travelers of such request and Travelers are solely responsible
for attending Interviews. You hereby agree and shall ensure that Travelers are
aware that if Traveler(s) failure to attend such Interview, the Traveler's
applicable Application will likely not be approved and Fluxir shall have no
liability towards You and/or Traveler in connection therewith.
13. Users hereby acknowledge that certain Applications requires
compliance with certain procedures and requirements with or by Diplomatic
Services, and Users acknowledge that their failure to timely respond to such
requirements may affect the Application. Fluxir will not be liable for Users
failure to comply with such procedures and/or requirements.
14. You may cancel an Application at
any time by notifying Fluxir to this effect through the Platform (if such feature
is available) or by email message to be sent to hello@fluxir.com. If You
choose to cancel an Application, Fluxir will not refund any Application Fees
relating to such Application, subject to any applicable law. If You cancel
Applications repeatedly, Fluxir will be entitled to terminate or suspend your
Account immediately or after providing You a notice in this regard, and You
shall have no claims and/or demands against Fluxir in connection therewith.
Other
Services
15.
Fluxir may offer or make
available on the Platform other features, and/or third-party products or
services. Among others, Fluxir may offer through the Platform the ability to
purchase travel insurance products (the "Insurance Products") that are
supplied by a third-party insurance provider with which Fluxir has contracted (the
"Insurance Supplier"). In this respect, Fluxir will act solely as an
intermediary for such Insurance Suppliers' products (not as agent of the
Insurance Supplier) and shall in no way be liable for such Insurance Suppliers'
products and services or the use and/or purchase thereof. Further, Fluxir is not
liable towards Users or any other third party for any actions or omissions of
the Insurance Supplier and/or any of its agents or representatives. Fluxir may
at any time, at its sole discretion, change the Insurance Supplier and/or
engage with additional Insurance Supplier(s) without any restriction. Without
generating from any of the provisions of these terms, Fluxir may at any time
cease or suspend the provision of the Insurance Products through the Platform,
and User shall have no demand and/or claim against Fluxir in connection
therewith. Any insurance related proceedings, including, filing an insurance
claim will in any case be submitted to and be handled by the Insurance
Supplier, not by Fluxir and Fluxir disclaims any liability in connection
therewith. If User has a dispute with an Insurance Supplier (or any of their
affiliates, subcontractors and/or agents), User hereby releases Fluxir, its
affiliates, partners, shareholders and their respective officers, directors, agents and employees from claims, demands and damages
(direct, indirect, incidental, and consequential) of any kind and nature, known
and unknown, arising out of or in any way connected with such disputes.
16.
For avoidance of any
doubt, the availability of the Insurance Products on the Platform does not
purport to provide Users with financial product of any kind
nor it takes into account Users' particular financial or insurance requirements
or circumstances. Users are entirely responsible for deciding whether or not to purchase an Insurance Product through the
Platform and recommends that Users seek independent advice prior to submitting
a request to purchase any of the Insurance Products through the Platform.
Charges
17. Fluxir charges fees from Users for the submission of
Applications through the Platform (the "Application Fees") and for the subscription
of certain features and services, including, the purchase of Travel Insurance
through the Platform (the "Travel Insurance Related Fees", and together
with the Application Fees, the "Fees"), as will be indicated on the
Platform when submitting the Application or purchasing the Travel Insurance (as
the case may be) under the applicable subscription package purchased by User in
connection with each Application. Fluxir may change the Fees at any time at its
sole discretion, and will notify You upon such change, whether by notice to
your email or by posting a notice to this effect on the Platform. Fluxir shall
have the right to deduct the Fees from payments due to User (if any) at its
sole discretion.
18. Fluxir is entitled terminate or suspend your Account with
immediate effect, if You fail to pay any Fees on time, and You shall have no
claims and/or demands against Fluxir in connection therewith.
Platform Content; Proprietary Rights
19. Content made available by Fluxir via the Platform (including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection
and arrangement thereof) ("Platform
Content") are protected by copyright, trademark or other applicable
intellectual property laws. You hereby acknowledge that the Platform and its
entire features and functionality, and the
Platform Content are the sole property of Fluxir and/or third parties which
have granted Fluxir a right to use such Platform Content or other Platform
component(s). The Platform Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part,
without the express prior written permission of Fluxir. Any unauthorized use of
the Platform and/or the Platform Content is prohibited. You are required to avoid infringing uses while using the
Platform, including copying, removing, adopting, modifying, selling, licensing,
distributing or otherwise exploiting any Platform Content. Subject to your
compliance with these Terms, Fluxir grants You a limited, revocable,
non-transferable, non- exclusive license to access, use and view the Platform
and the Platform Content, solely for the purpose indicated in these Terms,
including, without limitation for submitting Visa Applications through the
Platform.
20. The User agrees that any improvement, enhancement, ideas,
concepts, methods, processes, inventions, trade secrets, knowhow or product
modifications related to or involving the Service and the Platform (and any
features or service available thereon), including, without limitation, those
resulting from (i) any discussion concerning Fluxir's product and/or service between the User and
Fluxir; (ii) any suggestions or requirements for improving Fluxir's
service and/or product and/or the marketing and/or listing of the Platform,
shall be Fluxir's sole and exclusive property.
Personal Information and Travelers Information
21. You may be required to provide information during your use
of the Platform in the registration process of an Account and through submission
of Application(s) for Travelers which may include without limitation personal
information and photos ("Personal
Information") with respect to which Fluxir's Privacy Policy (which can be found here)(The "Privacy Policy") will apply.
22. You are responsible for any infringing content as well as
any Privacy Policy misconduct. You represent and warrant to Fluxir that none of
the information provided by You violates any third party
rights. Fluxir shall have the right, without prior notice, to remove, block or
disable access of information or an Account, considered to be in violation with
these Terms and/or any applicable law.
23. You hereby represent that You are authorized to use any Personal
Information obtained by You from a Traveler and shall be authorized to do the
same during the entire Application process. If for any reason whatsoever, a
Traveler revoke an authorization which he/she has granted You to use such
Personal Information, You shall immediately notify Us
of such revocation, and You must withdraw the Application submitted with
respect to such Traveler. If You have reason to believe that any entity or
person, including, without limitation, a Traveler or any other User, may risk
the legal or proper use of Fluxir, in a way that may violate these Terms and/or
any applicable laws, or may be harmful in any manner to Fluxir, and/or any
person or entity, You shall notify us immediately. If
You have reason to believe that any other User or Traveler, while using the
Service or the Platform, is infringing any of your privacy rights, copyrights,
trademarks or other intellectual property rights, You
shall notify us immediately of any such infringements.
24. Fluxir may (but is not obligated to) review, disable, adopt or remove any Account or Application namely to secure
and to improve its Platform, and its conduct of business as well as
compatibility with applicable laws (in any country) and other legitimate uses
it may consider at its sole discretion, without assuming any liability to
Users, Travelers or any third party.
User's Responsibilities
25. Fluxir aims to offer You a comfortable and practical
platform to obtain international traveling visas and other related features and
services. Efforts were made to provide a friendly and safe experience.
Nevertheless, We do not and cannot control the conduct
of Users, Travelers, Diplomatic Services, Insurance Suppliers, and service
providers offering their products and/or services on the Platform. We however
reserve the right to monitor the use of the Service and/or Platform the way We
see fit (without assuming any liability with respect to the result of handling
the Applications(s) by the Diplomatic Services and/or the services and/or
products of any other third parties provided through the Platform).
26. The User acknowledges that Fluxir's responsibility is
limited to serve as an online platform that facilitates the submission of
information and other documents for submitting Applications, and offering other
ancillary features, as well as related third party
services and products.
To this effect, You acknowledge that the Platform and the features and services
thereon do not constitute legal or other professional advice, are not intended
to be a substitute for legal or other professional advice and should not be
relied upon as such.
27. You are solely responsible for all legal rights of third
parties related to Application(s) submitted by You including any claims against
misinformation, and for fulfilling legal duties and obligations applicable to
You in connection with the Visa Application and the Proxy.
28. The User shall be responsible for its own acts and/or
omissions performed or omitted in the course of using
the Platform, including, without limitation, in the course of processing the
Application conducted through the Platform or in connection any related
proceedings (i.e. visa appointment and interviews) and User waives any claim
and/or demand against Fluxir in connection therewith.
29. Without derogating from the generality of the foregoing,
Fluxir shall in no case be liable for the (i) the approval or refusal of the
Application by the applicable consulate and/or diplomatic agency and/or any
governmental authority, and (ii) the timely processing of any Application, and
in any case shall not liable to You and/or the Traveler and/or any third party for any damage and/or costs and/or liability which You and/or the
Traveler or any such third party, may incur as a result of handling the
Application by the Diplomatic Service and/or any respective governmental
authority.
30. The User shall be responsible and liable to Fluxir and any
third party in connection with the foregoing in subsections "29(i)" and "29(ii)" and shall defend and indemnify Fluxir for
any claims and/or demands and/or expenses and/or liabilities arising thereout
and arising out from (i) User's use of the Platform and applying for
Application; (ii) User's breach of any third party rights, including, without
limitation, privacy rights as well as intellectual property rights; and (iii)
User's breach of any of the provisions of these Terms.
31. Fluxir cannot and will not in any way guarantee the grant
of a Visa (or any other permit) to any Traveler or any other person and
there is no guarantee that the Application will be handled by the Diplomatic
Services or that it will be handled to Your satisfaction. We have no control
whatsoever on the way the Application will be handled by the applicable
Diplomatic Services and/or the time it may take to handle and/or process the
Application. User and Traveler acknowledge that the final decision with regard to the Visa is of the relevant Diplomatic
Service and hereby waives any claims against Fluxir in connection with any
claim in this regard.
Relationship with Fluxir; Limited Rights
32. Nothing herein and/or in the relationship between You and
Fluxir will establish any employment relationship, association, agency,
partnership, franchise or any similar relationship.
You and Fluxir both will be considered independent contractors. User has no
authority to bind Fluxir or create obligations on the part of Fluxir without
Fluxir's prior written consent. User
represents that it is free to use the Platform and the
Service and that there are no contracts or restrictive covenants preventing
full performance of
the User's obligations hereunder.
33. Any agreement
and/or understanding between User and a Traveler will be made at its own
responsibility without obligating Fluxir with any act and/or liability. The User shall
be responsible for obtaining any permits and/or licenses required in order to operate its business and in order to be able to
act on Traveler's behalf when submitting an Application and use the Platform.
The User shall be responsible for all expenses incurred in
the course of using the Platform and offering its services to Travelers,
including, without limitation, services related to the Applications.
34. Neither these Terms nor the User's use of the Platform
and/or Service convey or grant to the User any rights: (i) in or related to the
features, products or services offered by Fluxir from time to time; or (ii) to
use or reference in any manner Fluxir's company names, logos, product and
service names, trademarks or services marks or those of Fluxir's licensors
(unless explicitly authorized herein or permitted by Fluxir in writing on a
case by case basis).
Restrictions on Use
35. You may access and use the Platform and the Service as
made available to You, as long as You comply with
these Terms and any applicable law.
36.
You may not circumvent,
disable, fraudulently engage with, or otherwise interfere with the Service (or
attempt to do any of the foregoing), including security-related features or
features that limit the use of the Service and/or the Platform.
37. You agree that You will not and will not allow others to
(i) reverse engineer, decompile, duplicate, disassemble, or attempt to discover
any source code or underlying ideas or algorithms used to operate the Platform;
(ii) use any robot, spider, crawler, scraper or other automated means or
interface to access the Platform or extract information of other Users and
Travelers; (iii) use or develop any third party applications that interact with
the Platform and/or any feature thereon; (iv) upload viruses or other malicious
code, or otherwise compromise, bypass or circumvent the security of the
Platform; (v) access or use the Service and/or the Platform in a way not
expressly permitted hereunder; and (vi) provide, disclose, or allow others to
use the Platform through your Account.
Limitation of Liability; Disclaimers;
Indemnification
38. User hereby
acknowledges that the visa services for which Applications can be submitted
through the Platform are provided by the respective Diplomatic Services, which
are independent third parties with which Fluxir is not affiliated. To this
effect, Fluxir shall not be responsible or liable to Users and/or Travelers
with respect to any act and/or omission of the Diplomatic Services and/or any
related governmental authority or agency (or any of their staff and/or
representatives), including, without limitation, any decision made in
connection with the Application, and You hereby waive any demand and/or claim
against Fluxir in connection thereto.
39. The Service, the Platform and the
Platform Content, including any and all information and services provided
therein, and including the Applications feature, are provided "as is" without a
warranty of any kind, and Fluxir expressly disclaims all warranties, both
express or implied, including, without limitation, in relation to the
merchantability, fitness for particular purpose, accuracy and noninfringement.
Without derogating from the generality of the foregoing disclaimer of warranty,
Fluxir explicitly does not warrant; (i) the
non-interruption or performance of its Platform, the Service and/or the
Platform Content; (ii) the accuracy, reliability, or currency
of any information or content provided through the Platform; (iii) the safety, suitability and legality of Users and
Travelers; (iv) the success of an Application and/or the grant of a Visa or any
other permit by the applicable Diplomatic Services; (v) any verification of
identity, nor any background checks of Users and Travelers; (vi) that the website, its servers, the content, or notices sent
from or on behalf of Platform are free of viruses, scripts, trojan horses,
worms, malware, timebombs or other harmful components.
40. Fluxir will not be liable for any incidental, special,
exemplary or consequential damages, including lost profits, loss of data or
loss of goodwill, reputational damage, service interruption, computer damage or
system failure or the cost of substitute products or services, or for any
damages for personal or bodily injury or emotional distress arising out of or
in connection with (i) these Terms, (ii) the use of or inability to use the
Platform, (iii) any communications, interactions or meetings You may have with any
person or entity You interact or meet with through, or as a result of, your use
of the Platform and/or the Service, whether or not Fluxir has been informed of
the possibility of such damage, even if a limited remedy set out in these Terms
is found to have failed of its essential purpose.
41. In no event shall Fluxir be responsible or liable for any
failure or delay in the performance of its obligations hereunder arising out of
or cause by forces beyond its control, including, without limitation, strikes,
accidents, acts of war, acts of God, loss of malfunctions of utilities, communications or computer services.
42. In no event will Fluxir's
aggregate liability for any claim or dispute arising out of or in connection
with these Terms, your interaction with any Travelers, or your use of or
inability to use the Service and/or Platform or complete any Application,
exceed the amount paid by You to Fluxir as Application Fees as a User in the
12-month period prior to the event giving rise to such liability. These
limitations of liability and damages are fundamental elements of the agreement
between You and Fluxir. If applicable law does not allow the limitations of
liability set out in these Terms, the above limitations may not apply to You.
43. To the maximum extent permitted by applicable law, You
agree to release, defend (at Fluxir's option), indemnify, and hold Fluxir
(including its affiliates, officers, employees, and shareholders) harmless from
and against any claims, liabilities, damages, losses, and expenses, including,
without limitation, reasonable legal and accounting fees, arising out of or in
any way connected with: (i) your breach of these Terms and the Privacy Policy,
(ii) your improper use of the Platform and/or the Service, (iii) your
interaction with any Travelers, including without limitation any injuries,
losses or damages (whether compensatory, direct, incidental, consequential or
otherwise) of any kind arising in connection with or as a result of such
interaction or use, (iv) your failure, or our failure at your direction, to
accurately provide information in Applications, or (v) your breach of any laws,
regulations or third party rights such as privacy rights and/or intellectual
property rights.
Termination
44. These Terms are effective upon registering an Account and
shall remain in effect until terminated in accordance herewith. You may
terminate your Account on the Platform at any time by deleting your Account or
by providing a written notice to Fluxir to this effect to the following email: hello@fluxir.com.
Fluxir may terminate these Terms immediately if (i)
You breach any of these Terms and other Fluxir terms and/or policies applicable
to You and/or your use of the Platform, including, without limitation, the
Privacy Policy, (ii) You violate any applicable law in connection with these
Terms, the Application and/or your use of the Platform, (iii) Fluxir considers
termination necessary, and (iv) if You have not used your Account for 12
consecutive months. Fluxir may, at its discretion, send a notice to You prior
to termination, where Fluxir considers the cause for such termination is
curable. Termination of Account for any reason, whether by You or by Fluxir
does not entitle You to restoration of information provided and You shall at all times keep copies of any document and/or file you
upload to the Platform and/or use in your Account.
45. Any pending Application at the time of termination will be
automatically revoked and canceled (including, by way of withdrawal or any
other way as Fluxir may see fit), in which case, You
shall have no claim or demand against Fluxir, and no payments or fees paid by
You in connection with such Applications will be refunded.
Third Party Services
46.
These
Terms apply only to the Platform and the Service. While using the Platform You
may encounter links to third party sites and/or third-party content and/or
products and/or services (such as, information, applications
and other services) which are not operated, controlled or managed by Fluxir
(the "Third Party Services"). Please be advised that the Third-Party
Services are independent sites and/or services, and Fluxir assumes no
responsibility or liability whatsoever for them with regard
to privacy matters, consumer laws or any other legal matter, including,
without limitation, the accuracy, timeliness or completeness of the content or
the opinions expressed in such third-party websites. If You decide to use such
Third-Party Services, including, if You decide to click on a link (on the
Platform) to any third-party site, You do this at your
own risk and responsibility. We encourage You to carefully read the privacy
policies and terms and conditions of such Third Party
Services and other third-party sites before using any of the features and/or
services and/or products available thereon.
Updates and Modifications
47.
Fluxir may from time to time, at its sole discretion, apply enhancements
or improvements to the features/functionality of the Platform, which may
include patches, bug fixes, updates, upgrades and
other modifications ("Updates"). Updates may modify or delete certain
features and/or functionalities of the Platform. You agree that Fluxir has
no obligation to (i) provide any Updates, or (ii)
continue to provide or enable any particular features
and/or functionalities of the Platform to You. You further agree that all Updates
will be (i) deemed to constitute an integral part of
the Platform, and (ii) subject to the terms and conditions of these Terms.
48.
Fluxir reserves the right to modify, suspend, disable or discontinue, the
Service and/or the Platform or any service to which it connects, and/or any
services of featured provided thereon, and/or cease its operation, in each
case, whether temporarily or permanently, with or without notice and without
liability to You or any third party (including, the Travelers), including,
without limitation, in
connection with any loss and/or potential loss of any data and/or for any other
damage which may be caused to You or any third party upon terminating and/or
disabling the Platform. In the event that Fluxir modifies,
suspends, disables or discontinues the Platform or any feature available
thereon, You will have no claims and/or demand against
Fluxir in connection thereto.
General
49. You may not assign, transfer or
delegate any of your rights and obligations under these Terms without Fluxir's prior written consent. Fluxir may assign its
rights and obligations hereunder, at its sole discretion, with a 7 days' notice
by an email notification to You or by posting a notice to this effect on the
Platform. Failure to enforce any of the provisions in these Terms will not
constitute a waiver of such right or provision.
50. To report any issue or contact Fluxir with any concerns or
inquiry concerning the Service and the Platform, please address emails to hello@fluxir.com.
51. These Terms will be governed by the laws of the state
of United States. Any dispute between You and Fluxir in connection with these Terms
and/or the Platform will be submitted to the competent courts in United States,
as the exclusive legal forum.
52.
If any of
the particular provisions herein is not enforceable,
the other terms shall remain in force.
53.
These Terms contain the entire understanding between
Fluxir and the User with respect to the subject matters hereof and supersedes
any prior agreement and understanding, oral or written, with respect to such
matters.
* * * * *