Last Revised: 24th November 2011
The following payment terms and conditions (“Payment Terms”) will apply to any payment you make through the Floktu Platform.
1. CONDITIONAL USE
1.1 It is a condition of your use of the Platform that you accept that, to the full extent permitted by any relevant law, Floktu makes no express or implied warranty in relation to any product or service sold on or through our Platform.
1.2 If there is a technical failure or interruption of the Services, your only remedy is to request that your transaction be completed at a later time.
2.1 If you confirm a transaction on our Platform, a legally binding contract will be formed with another Floktu user unless such a transaction is prohibited either by law, these Terms or any policy issued by Floktu.
2.2 You must fulfil your contractual obligations to the other Floktu user and it is your responsibility to inform yourself of the relevant laws related to the transaction and to ensure that you fully comply with those laws.
2.3 Shipping terms and other terms that the Seller details are deemed to be part of the purchase terms.
2.4 Therefore please ensure you understand the total price (including any taxes or shipping fees) that you must pay and all other details related to the transaction.
3. VIRTUAL ITEMS
3.1 We do not sell virtual items, gifts or credits and such virtual items are only made available on a licensed basis. You are not entitled to sell credits to anyone or to transfer them to anyone outside our Platform.
3.2 No ownership is transferred to you or any transferee even if we may use terms like ‘buy’, ‘sell’ or ‘purchase’ when describing the licensing of any virtual products.
3.3 Your right to use a credit is limited to use in relation to certain Floktu features.
3.4 If you wish to transfer a virtual item to another User, we undertake to pass on that item and any message from you, but our responsibility ends when the gift or message is delivered.
3.5 Unless otherwise stated the purchase of a credit is non-refundable, nor are they redeemable for any sum of money or monetary value.
3.6 We reserve the right to:
- expire (at any time) any free or promotional credit that you may receive;
- change the purchase price for credits at any time;
- alter the means for the use or transfer of credits;
- stop issuing credits; or
3.7 If your account is deactivated (and it is not reactivated within six months) or if it is deleted by you then any accumulated credits will be lost.
3.8 Credits may be donated to a ‘not-for-profit’ entity of Floktu’s choice (and standard redemption fees may be charged) if;
- your account is deactivated by us and you do not reinstate the account within six month; or
- your credit balance has been unused for three years.
4. PAYMENT METHODS
4.1 Various payment methods including debit card and credit card payments are available on the Platform.
4.2 It remains your responsibility to ensure you are authorised or permitted to the payment method you select.
4.3 We may seek pre-approval from the issuer of your card for the purchase amount and upon receipt of such approval your card will be billed.
4.4 Please understand that if you cancel an incomplete transaction, your funds may not be immediately available due to the pre-approval process.
4.5 If you make a payment, you are:
- deemed to have authorised Floktu or the relevant payment processor to charge the full purchase amount against the payment source you designated;
- responsible for any overdraft or other bank fees that may be incurred as a result of the transaction;
- deemed to have authorised us to collect or store any related transaction information.
5. OUR RIGHTS
5.1 We reserve the right to take to action (“Protective Actions”) in order to:
- protect our Users;
- reduce our liability;
- prevent any financial loss; or
- prevent the violation of any laws.
5.2 In order to achieve those Protective Actions, we may:
- verify your identity and your credit record either by direct enquiries or through third parties;
- contact the payment source you nominated, law enforcement or other authorities; and any third parties affected by the transaction and share information regarding the transaction in an effort to implement the Protective Actions;
- delay payment;
- limit the payment methods that are available;
- limit payment processes or the availability of such services;
- deactivate your account.
5.3 We reserve the right to commence debt recovery action if you purchased advertising through the Platform and your account is past due or your payment method failed and in those circumstances in addition to the amount owed we will charge:
- interest at a rate based on the lower of the maximum legal rate or one percent per month on any amount owed by you;
- any legal fees related to the debt recovery;
- any costs incurred in relation to the debt recovery.
6. DISPUTES AND REVERSALS
6.2 It is your obligation to:
- inform us within 30 days if you believe any unauthorised activity or transaction has taken place in connection with your account and you will, to the full extent permitted by law, waive any claim against Floktu in relation to such transactions if you do not inform us within that period;
- reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) if those items that were caused by or arose out of a payment that you accepted or authorised.
6.3 No interest will be paid in relation to Account balances.
6.4 Refunds will only be issued:
- back to the credit card used to make the initial purchase (or another card with the same card holder’s name);
- up to the amount held in the respective Seller’s account and Floktu bears no liability to process a refund in full if insufficient funds are held in the Respective Seller’s Account.
7. ADVERTISING TERMS
7.1 A binding legal agreement is formed between an Advertiser and Floktu when advertising is purchased on or through our Platform.
7.3 You must pay all amounts (including any taxes) that are specified in the order for such services.
7.4 Although you can cancel advertising services booked on or through the Platform at any time, due to the technical methods deployed in running advertisements, it may take several days for the advertisement to cease after you have notified us and you will remain responsible for paying for those Ads.
7.5 Your order for advertising services constitutes your written authorisation for Floktu to verify your identity and your credit record either by direct enquiries or through third parties.
8.1 The Payment Terms in place at the time you confirm a transaction will govern that transaction.
8.3 It remains your responsibility to inform yourself of any laws that are applicable to your transactions and nothing in these Payments Terms are intended nor should they be read to override or circumvent any local laws that apply to your transactions.