Terms of use

General

Please review these Terms of Use (“Terms of Use”) before using or accessing the website located at www.flow48.com and any subdomain thereof (the “Site”) however accessed. If you do not agree to these Terms of Use, you should exit this Site. The Site and services and applications accessible via the Site are collectively called the “Services”. Your continued access or use of the Site and/or the Services will constitute deemed acceptance of these Terms of Use. If you are accessing the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use, and "User" (or “you” and “your” as the context may require) will refer to that entity.

The Services are owned, controlled and operated by Flow 48 Limited ("Flow 48", "we" or "us"). By accessing or using the Services, you, the User, signify that you have read, understand and agree to be bound by these Terms of Use. In addition to these Terms of Use, you may enter into other agreements with us that will govern your use of specific aspects of the Services offered by us, such as (without limitation), agreements or factoring agreement relating to advances you may request or other financing arrangements applicable to the Services (collectively, “Other Agreements”). If there is any contradiction between these Terms of Use and any Other Agreement you enter into for specific aspects of the Services, the Other Agreement shall take precedence in relation to the specific aspects of the Services to which it applies

Changes to these terms of use

We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Site and will indicate at the top of this page the date the Terms of Use were last revised. You understand and agree that your continued use of the Services after we have made any such changes constitutes your acceptance of the new Terms of Use.

Intellectual property and limited licence

This Site, its contents, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, video, graphics, designs, text, logos, trademarks and service marks and other information (collectively, the “Content”)) are owned by or licensed to us and/or from third parties and all rights, title and interest in them shall remain the property of Flow 48 and/or such third parties

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Flow 48's prior written permission. Provided that you are eligible for use of the Services, you are granted a limited, non-exclusive, fully revocable license to access and use the Services and to download or print a copy of any portion of any content on the Site solely for your use in connection with your use of the Services, provided that you keep all copyright or other proprietary notices intact. Nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

Disclaimer

Nothing on this Site is intended, nor should it be taken, to create any legal or contractual relationship. Any transmission, downloading or sending of any information from the site does not create any contractual relationship.

The Content on the Site is designed for information purposes only. Neither the information nor any opinions stated in the Site constitutes a solicitation or offer by Flow 48 to make available any financial products or to provide any investment advice.

The provision of financial and investment services may be restricted in certain jurisdictions. It is your responsibility to acquaint yourself with any local laws and restrictions on the usage of this Site and the availability of any Services. The information on this Site is not intended for distribution to or use by any personal entity in any jurisdiction or country where such distribution would be contrary to local law or regulation.

Nothing in this Site may be published in the press or elsewhere without permission of Flow 48. Flow 48 does not provide financial, legal, accounting or tax advice. Clients of Flow 48 and viewers of this Site are encouraged to consult their own financial, legal, accounting and tax advisers before entering into any Other Agreement in respect of the Services.

While we endeavour at all times to ensure information on our Site is clear, fair and not misleading at the date of publication, we do not hold the information as impartial and it should not be viewed as wholly objective. Information on this Site is based on sources that we believe to be reliable but we give no undertaking that it is accurate or complete and Flow 48 cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose or at all. Any opinions are subject to change without notice and Flow 48 is under no obligation to report or keep information accurate.

None of Flow 48's, any of its affiliates, subsidiaries, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "Flow 48 Parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the Flow 48 Parties disclaim liability for errors or omissions in the Content.

Flow 48 reserves the right to change any and all Content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Flow 48.

Limitation on liability

The material displayed on our Site, any Content and our Services are provided without any representations, guarantees, conditions or warranties as to its accuracy, completeness or that the content is up-to-date. To the extent permitted by law, Flow 48 and all Flow 48 Parties hereby expressly exclude:

• - all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
• - any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our Site or any Service, any websites linked to it and any materials posted on it, including but not limited to:
  • a) loss of income or revenue;
  • b) loss of business, loss of business opportunity or other economic loss;
  • c) loss of profits or contracts;
  • d) loss of anticipated savings;
  • e) loss or corruption of data;
  • f) loss of goodwill;
  • g) business interruption, wasted management or office time; and in all the above cases, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, or our liability for fraud, nor any other liability which cannot be excluded or limited under applicable law and do not affect your statutory rights.

In jurisdictions which do not allow the exclusion or limitations of certain types of liability, Flow 48's liability will be limited to the maximum extent permitted by law.

Arrangements made between you and any third party named or referred to on the site are entirely at your sole risk and responsibility.

Those who choose to access the Site do so at their own risk and are responsible for compliance with all applicable laws.

Access

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide on our Site without notice. From time to time, we may restrict access to some or all of our Site. We will not be liable if for any reason our Site is unavailable at any time or for any period.

If you breach these Terms of Use, your permission to use the Site terminates immediately and you must immediately destroy any downloaded or printed extracts from the Site. In addition, Flow 48 may terminate your access and use of Services and delete your account and any content or information that you have posted on the Services and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services), at any time in its sole discretion, with or without notice. You are responsible for making all arrangements necessary for you to have access to our Site.

Electronic communications and information

By agreeing to the Terms of Use, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Services, including your registration as customer on the Services, your use of the Services (each, a "Disclosure"), from us. The decision to do business with us and/or with any of our partners electronically is yours. This document informs you of your rights concerning Disclosures.

By accepting these Terms of Use, you acknowledge that it is necessary to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes in connection with the provision of the Services, at any telephone number, or physical or electronic address you provide or at which you may be reached. You undertake, warrant and represent that the telephone numbers that you have provided to us are your numbers and do not relate to another individual or business. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.

For marketing calls, text and emails (i) we, our agents, representatives, affiliates, third parties, and anyone calling on our behalf may call, email or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; (ii) these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve prerecorded and/or artificial voice messaging. To the extent that we process your personal data in making any such calls, we will do so in accordance with our Privacy Policy.

It may be necessary for us to record and monitor, for quality assurance, training, risk management and/or collection purposes, any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you, you acknowledge and consent to such recording.

Change in Your Contact Information. You will keep us informed of any change to your email address, telephone number and primary business address.

In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you and your business Services, in each case as may be prompted by any registration forms on the Site or otherwise requested by Flow 48 ("Registration Data"), including the business or entity's full legal name; (b) provide such materials as Flow 48 may request to establish and/or verify your authority to enter into binding agreements, your legal existence, good standing in any jurisdiction and eligibility to use the Services; (c) maintain and promptly update the Registration Data, and any other information you provide to Flow 48, to keep it accurate, current and complete; and (d) promptly notify Flow 48 regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Services or the terms on which you use the Services. Furthermore, you represent and warrant and agree that you will not represent or portray your business or entity as being affiliated with Flow 48 in any capacity other than being a User of the Services without Flow 48's prior written consent.

Restrictions of use

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material. You further agree that you may not use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, trojans, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

You must not misuse our Site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Flow 48 will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Privacy

Additionally, by using our Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to our Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. We are not responsible for any messages which are lost, altered by third parties or intercepted and we will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or by us to you via the internet.

Links to third party websites

Our Site may contain links to websites and resources maintained by third parties. These links are provided for your information only. We have no control over the contents of those websites and resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for the content, availability or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those Websites or of any party that is associated with those Websites.

Please note that other websites and resources linked to on our Site may be governed by separate terms and conditions, including privacy policies. You should refer to the applicable terms and conditions of those websites and resources before using them and you should direct any questions or comments about the linked website or resource to the appropriate website provider.

Governing law and jurisdiction

These Terms of Use and any claim, controversy, dispute, or cause of action (whether in contract or tort or otherwise) based upon, arising out of, or relating to these Terms of Use and the services contemplated hereby (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales. Each party hereto irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the England, in any action or proceeding arising out of or relating to these Terms of Use, or for recognition or enforcement of any judgment. Each party hereto agrees that a final judgment in any such action, litigation, or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. We retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. You hereby waive, to the extent permitted by applicable law, any right each may have to assert the doctrine of forum non conveniens or to object to venue to the extent any proceeding is brought in accordance with this paragraph.

Indemnity

You agree to indemnify and hold Flow 48 and the Flow 48 Parties, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal and accounting fees, arising out of or in connection with (a) your access to or use of the Site and/or Services or the Content, or (b) your violation of these Terms of Use or of any law or the rights of any third party.

General

These Terms of Use (together with all applicable Other Agreements) constitute the entire and exclusive understanding and agreement between Flow48 and you regarding the Services, and these Terms of Use (together with all applicable Other Agreements) supersede and replace all prior oral or written understandings or agreements between Flow48 and you regarding the Services. The failure of Flow 48 to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without providing Flow 48’s with advance written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. Flow48 may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications provided by Flow48 under these Terms of Use will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Contact Information

If you have any questions about these Terms of Use or the Services, please contact Flow48 at hello@flow48.com.