user agreement
1.1 Welcome to Floatsearch. Please read the following User Agreement carefully before using Floatsearch Services (“Services”) or opening a Floatsearch account (“Account”). Hence, you are aware of your legal rights and obligations. As by using Floatsearch Services or open an Account, you agree to be bound to the terms and conditions of this User Agreement. This User Agreement directs your use of Services provided by Floatsearch.
The entity you are contracting with is
- Floatsearch Pty Ltd, 4 Gorong Walk, Delahey, Vic 3037, Australia.
In this User Agreement, this entity and its affiliates are referred to as “Floatsearch”, “we” or “us”.
The Services include, without limitation, (a) websites and its services, (b) Floatsearch client software make available through Floatsearch online platform (“Platform”), (c) all records, linked sites, features, details, text, pictures, photos, graphic, music, sound, videos, comments, content, programming, software, application services, any other resources made accessible via the Platform or its related services (“Material”).
1.2 Platform is an online platform service that provides a connection for the sale of goods and services between “Shop” and “Customer” (collectively “you”, “Users”, “Parties”). Shops (on Platform) are registered businesses in your country. They are fully responsible under your country’s laws for all goods or services which are displayed or provided to Customers via Platform. Customers (on Platform) are the people purchase goods or services provided by Shops via Platform.
The actual contract for sale is directly between Shop and Customer. Parties to such contract will be totally responsible for the sales contract between them. Floatsearch is not a party to that contract or any other contract between Shop and Customer. Floatsearch does not assume any responsibility arising out of or in connection with that contract, nor is it the Shop’s agent. Floatsearch cannot ensure the transaction between Customer and Shop will be actually done.
1.3 Each shop was checked to be genuine when being registered to prevent scammed Shop by Floatsearch’s admin team. Floatsearch may or may not pre-screen the Material or information provided by Shops or Customers. Floatsearch reserves the right to remove any Material or information provided by you to the Platform.
1.4 Floatsearch reserves the right to refuse to provide you with access to Platform or Services (including parts of them), or allow you to register for any reason. Floatsearch also reserves the right to discontinue your access to Platform or Services (including parts of them) for a period of time or permanently.
1.5 Floatsearch reserves the right to discontinue, modify, suspend all or parts of our services any time or upon notice required by local laws. Floatsearch may release Services that might not work correctly or terminated for any reason, and we shall not be held liable in such incidents.
1.6 When you are under 18 years of age or under legal age to consent in accordance with your country's relevant laws (the “legal age”). You must obtain a parent or legal guardian's permission to open an account and that parent or legal guardian has to consent to this User Agreement and be responsible for all the use of the account. And you can only use Floatsearch services if you are under legal age with the participation of a parent or guardian.
2.1 We know that your privacy is important and you care about how information about you is used and shared. This privacy policy and notice section describe how Floatsearch Pty Ltd and its affiliates (collectively “Floatsearch”) collect and use your personal information through our Platform and Services as well as information associated with your Account and/or your use of the Services (“User information”).
By using the Services or providing information on the Platform, you:
2.1.1 Approval to Floatsearch’s collection, use, disclosure and/or processing of your User information, personal information and Material as described in the Privacy Policy and Notice.
2.1.2 Agree and accept that the exclusive rights of your User information are jointly owned by you and Floatsearch.
2.1.3 Agree and allow that your personal information is collected by Floatsearch and/or to be used to provide and continually improve our products and services and maximize the benefits of the Platform.
2.1.4 Shall not, whether indirectly or directly, reveal your User information to any third party, or let any third party access or use your User information, without Floatserch’ prior written agreement.
2.2 Here are the types of personal information we collect and use or share:
2.2.1 Information you give us: We receive and store any of the information that you give us. You can choose not to provide us with certain information. However, you might not be able to use full or parts of our Services.
2.2.2 Automatic information: We automatically collect and store certain types of information about your use of our Services, including how you interact with Material and services via the Platform. Like many servers, we use “cookies”, “tokens” and other unique identifiers and collect certain types of information when your device connects to Platform.
2.2.3 Here are some examples of certain types of personal information we collect and use:
o Geo-location: When your device connects to Platform, we might use Geo-location from your device to give you a better experience. You can choose to allow or not allow this.
o Photos: We might require you to access your photo on your device to allow you to upload pictures. You can choose to allow or not allow this.
o ID: In certain cases, we require your ID for registering information. We also store this information on our server along with your account.
o Documentation: in certain cases, we require some of your documents for registering information.
2.2.4 We also share certain types of your personal information with other parties, such as:
o Members of Floatsearch corporate family to improve content and service for your better experience.
o Sub-contractor who help us to run our business.
o Lawful third parties to inspect criminal events or abuse of our user agreement.
o When a Customer places an order with a Shop through the Platform, we share some of the Customer’s personal information with that Shop, such as: the Customer’s name, phone number, address to the shop. Information is shared to help the shop provide better service to Customer.
2.3 We understand that protecting your information is important. Therefore, we design our systems to protect your information using technical and administrative security measures to reduce the risks of loss or misuse. For example:
- We use a PCI-DSS compliance system when handling credit card data.
- We encrypt protocols and software to protect your information during transmission.
- Our servers offer security features to protect them against unauthorized access and loss of data.
2.4 We use your personal information to operate, provide and improve our products and services that we provide to our customers. These purposes include:
- To process payments, communicate between Shops and Customers, communicate with you about our products and services and promotional offers.
- To fix errors, improve and analyze the performance of our Services.
- To advise you about features, products and services that you might be interested in.
- To comply with legal obligations or laws.
- To display interest-based and service-based ads for features, products and services that you might be interested in.
3.1 Your account is the account you register with any of our services, not only limited to accounts on the Platform.
3.2 You agree to:
- Keep your username and password safe and only used by you.
- Protect unauthorized access to your password and your computer, your devices and applications.
- Make sure you log out from your account at the end of each session on the Platform.
- Ensure that your account information is accurate and up-to-date.
- You are fully responsible for all activities that happen under your username and password, even if you don’t commit to such activities. FLoatsearch will not be liable for any damage or loss arising from use of your account or your failure to comply with this User Agreement.
3.3 You agree that Floatsearch for any reason, as we believe you are in breach of applicable laws or this User Agreement and relevant Service Policy, we reserve the right to take action on to your account, including without limitation by
- Immediately terminate
- Remove or discard from the Platform any Material associated with your Account, withdraw any subsidies offered to you, cancel any transactions associated with your Account.
- Refusing service
- Suspending or restricting access to your account or (full or part of) our services.
- Temporarily or in more serious cases, permanently withhold any sale proceeds, and/or take any other actions that Floatsearch deems necessary.
FLoatsearch will not be liable for any damage or loss arising from those actions. The reason for those actions may include, but are not limited to: (i) harassing, illegal, abusive or threatening behaviour (ii) use other people’s personal information to register in order to circumvent our policy (iii) usually placing dishonest orders via Platform; and (iv) voucher or promotion code violence (including, but not limited to, selling voucher or promotion code to third parties, register or use multiple accounts to gain benefit from using voucher or promotion code); (v) having behavior of fraudulence or in connection with a criminal or unlawful activity (vi) having behavior that is harmful to Shops or business interests of Floatsearch (vii) in a manner that is not permitted under this User Agreement and the relevant Service Policy.
3.4 You may only open an account or/and use our services or Platform if you are located in one of our approved countries, as updated from time to time.
4.1 The Services are delivered “as is” and Floatsearch disclaims, and does not make, any representation or warranty of any kind with regard to our Services and Platform. Floatsearch will not be liable for (i) any loss arising from the unavailability or missing information of any product or service; (ii) any loss arising from the information displayed on Platform or with our services; (iii) any loss arising from the services or products we provided to all the parties including, but are not limited to Customers and Shops; (iv) losses that were not caused by any breach on our part; (v) any personal loss or any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (vi) any indirect or consequential losses; (vii) any loss arising from or relating to the offer or sale of any products or services by Shops on Platform; or (viii) any delay or failure to comply with our obligations under if delay or failure arises from any cause which is beyond our reasonable control (ix) the fitness for purpose, existence, quality, safety or legality of items available on Platform (x) if a conflict arises between parties, including one or more Customers or Shops, such parties agree to resolve the dispute directly between themselves as required by statute, Floatsearch is not involved in or responsible for such a dispute. (xi) any loss caused by the service or Platform being unavailable, inaccessible, interrupted, unsafe, inaccurate, or incomplete.
4.2 Nothing in these terms is supposed to ignore, exclude, or change any non-excludable right or recourse you may have under the laws of your country. Any disclaimer, exclusion, or limitation set forth in these terms of service appears to apply to the legislation applicable and to any non-excludable right or remedy.
5.1 The Platform and Services license shall be valid until terminated. This license ends as given in this User Agreement or if you do not meet the terms or conditions of this User Agreement. Floatsearch can, in all situations, with or without notice, carry out such a termination.
5.2 You agree not to:
5.2.1 upload, publish, send, share or otherwise make available any Material that is illegal, dangerous, intimidating, violent, harassing, tortuous, defamatory, lewd, indecent, libelous, invading another’s privacy, hateful, or culturally, ethnically or otherwise objectionable
5.2.2 Violate any laws, including, but not limited to, laws and regulations pertaining to export and import controls, third party rights.
5.2.3 upload, publish, send, share or otherwise make available any Material to harm minors in any way
5.2.4 Use the Services or post Material to impersonate another person or entity, or to distort your relationship with another person or entity.
5.2.5 Upload, publish, send, transmit, or otherwise make available any Material that you do not have a legal or statutory or fiduciary right to make available (such as inside information, proprietary and confidential information learnt or disclosed as part of employment relationships or under nondisclosure agreements)
5.2.6 Forge headers or otherwise exploit identifiers to mask the root of any Material transmitted through the Services
5.2.7 Ignore any exclusive messages from Platform.
5.2.8 Without the explicit approval of Floatsearch, trigger, permit or allow the alteration, production of derivative works, or translation of the Services
5.2.9 Use the Services for the benefit of a third party or in some other way that is not allowed by the licenses issued herein
5.2.10 Use the Services or post Material in a fake, unethical, false, misleading, or deceptive manner.
5.2.11 Open and/or run several user accounts in conjunction with any action that breaches the letter or spirit of this User Agreement.
5.2.12 Use any non-official Floatsearch hardware or software, including but not limited to an emulation, simulator, bot, or other related hardware or software, to enter the Floatsearch network, open a user account, or otherwise access the user account.
5.2.13 Unauthorized price changes on any item that conflict with the true price provided by your normal business activity.
5.2.14 Take some move that might jeopardize the reviews or ranking systems.
5.2.15 Trying to decompile, reverse engineer, disassemble or hack the Services (or any component thereof) or to derail or circumvent any Floatsearch encryption technologies, or security steps in respect of the transmitted, interpreted or stored information and/or facilities of the Services.
5.2.16 Collecting or gathering information from, including, without limitation, personal data or information on, or regarding other Account holders.
5.2.17 Upload, publish, contact, send or otherwise make available any Material that you have no law or contractual or fiat partnership right to make available (for example inside knowledge, proprietary information and confidence learned or revealed in relation of work or non-disclosure agreements)
5.2.18 Upload, publish, send or otherwise provide any Material which violates any party’s patent, trademark, trade secret, copyright or other intellectual or intellectual property rights (“Right”)
5.2.19 Infringe Floatsearch’s rights, including certain rights to intellectual property or any disclosure of those rights
5.2.20 Upload, post, write, distribute or otherwise make available any unsolicited or unwanted ads or promotional materials, junk mail, spam, chain letters, pyramid schemes, or Ponzi schemes.
5.2.21 Upload, send, email, distribute or else make available any material which contains software virus or any other computer code, files or programs, trojan horses or anything else may interfere, exploit, discrupt, kill or restrict the functionality or integrity of any computer software, hardware or data or telecommunications equipment
5.2.22 Behave in a way that impairs other users’ ability to participate in real-time exchanges
5.2.23 Interfering, manipulating or disrupting the Services, servers, or networks connected to the Services or any other user’s usage and enjoyment of the Services, or disobeying any conditions, processes, rules or regulations of networks connected to Platform
5.2.24 Take any action or actions which could damage, disable, overload, or disrupt the Services or servers or networks connected to the Services either directly or indirectly
5.2.25 Using the Services to deliberately or unawares breach, without restriction, any statute and requirement (whether or not legal), applicable, provincial, State, domestic or international law, legislation, code, order, policy and regulation concerning anti-money laundering and/or counter-terrorism
5.2.26 Using the Services to infringe upon or “stalk” or otherwise harass other people’s privacy
5.2.27 List items that violate third-party copyrights, trademarks or other intellectual property rights or exploit the Services in a way that infringes other parties’ intellectual property rights
5.2.28 Use the Services in accordance with prohibited acts or actions to gather or store personal data on other Users.
5.3 You are aware of the exclusive duty of the source from which the information comes, regardless of whether publicly posted or privately distributed. This ensures that all Material that you upload, publish, send or otherwise make available on this Platform is completely accountable to you and not to Floatsearch. You recognize that you will be subjected to material you may find insulting, unworthy or unacceptable by the use of Platform. Floatsearch shall in no conditions be held liable to the greatest degree possible under applicable law or any content or for any loss or harm of any kind, including, but not limited to, any inconsistencies or omissions in any Material, or any loss or disruption of any kind suffered as a result of using or relying on any Material uploaded, emailed, transmitted, or otherwise made available on Platform.
5.4 At the absolute discretion of you, you agree that Flatsearch and its admins shall have the right (but not the responsibility) add, modify, access, deny, delete, stop, move, or withdraw any Material, including without limitation any Material or information you publish on Platform that is without any obligation whatsoever to you.
5.5 Floatsearch and its admins shall without limitation have the power to delete any Material (i) violating this User Agreement; (ii) where a report is sent from another User; (iii) where we are notified of or allegedly infringing intellectual property; or(iv) where such Material is objectionable. In addition, as part of its efforts to protect the service or our Users, we can block transmission of a communication to or from the Services (including without limitation status notifications, posts, message and/or chats) or otherwise, the clauses of these terms and conditions will be enforced. You accept that the use of any Material including, without restriction, the accuracy, completeness and usefulness of such Material must be assessed and take into account any risk involved with such use. In this respect, the Material created by Floatsearch or sent to Floatsearch, including, but not limited, information at Floatsearch Communities (or Forums) and all other sections of the Platform, does not, and may not, depend to the greatest degree possible on relevant legislation.
5.6 You understand, accept and consent that, if necessary by law and by order of a court of judicial subpoena, Floatsearch can (i) access, retain and/or report information and Material from your account to any civil, legislative, and/or governmental authority, the owner of such rights, or to any third party; (ii) respond to concerns that certain content breaches third parties rights; (iii) respond to the client service demands; or (iv) safeguard Floatsearch, its Users and/or the public’s rights, property and personal protection; (v) enforce this User Agreement.
5.7 There are numerous tools or features available on the Platform for Users to use in order to achieve their goals, including but not limited to uploading information, sending messages, creating/controlling/cancelling orders, interacting between Shop and Customer. Floatsearch takes no liability for any issues caused or arising from the use of these tools or features, or for any errors caused by these tools or features.
6.1 Infringements of this policy can lead to a variety of acts, including any or more of the following without restriction:
- Removal of listing
- Account rights limitations
- Suspension of account and closure afterwards
- Criminal prosecutions
- Legal cases, even lawsuits for damages and/or temporary or injunctive relief, without limitations.
6.2 Please contact us via support@floatsearch.com when you feel that a use of our Platform breaches the User Agreement.
7.1 As stated, Floatsearch does not permit listings that infringe on the intellectual property rights of brands or other intellectual property right holders (“IPR Holder”)
7.2 If you feel any User’s listed Material is infringing on your copyright, please contact us. Please insure that your report includes a full copyright claim.
Before filling a copyright infringement report, you may want to contact the person who posted the content, which is the Users. You may be able to fix the problem without contacting Floatsearch.
Remember that only the copyright owner or their authorized representative will file a copyright infringement report. If you feel that any User’s listed Material on Floatsearch violates someone else’s copyright, you should notify the rights holder.
7.3 Users are autonomous, and Floatsearch is not either the agent or representative of the Users and does not own any of the goods listed on the Platform
7.4 Each Shop consents to hold Floatsearch and its affiliates harmless from all claims, actions, damages, and decisions resulting from any removal of any Material or item listings pursuant to or in connection to any claim for violation of intellectual property.
7.5 Floatsearch recognizes the right of a manufacturer to conclude certain exclusive dealing agreements or minimum price agreements advertised for its product. Infringements of those agreements, however, are not infringements of intellectual property rights. Since the application of these agreements only includes the manufacturer and the seller, Floatsearch is not involved in this type of enforcement activity and is not enforcing exclusive distribution rights or price controls except in countries with special selective or exclusive distribution rules. Floatsearch does not impose this type.
7.6 For a report, in writing, signed (both physical or digitally) by copyright proprietors, or other intellectual property interests or an authorized person to act on its behalf, please send to Floatsearch the following information:
- a copyright work or other intellectual property description that you claim was violated;
- a description of the location on Platform of the Material you claim to violate;
- your address, phone, email address
- a declaration by you that you believe that the disputes are not permitted by the owner of intellectual property, its agent or law, in good faith;
- declaration by you, made under perjury penalty, that your notice is valid and that you are the owner of copyright or of IP, or approved to act on behalf of copyright or IPR Holder.
You may send us the above report to support@floatsearch.com.
8.1 In no event is Floatsearch liable in law to Users or other third parties for any loss of profit, loss of use, loss of revenue, loss of opportunities, data loss, business disruption or any loss of any kind arising from or in connection with this User Agreement or Services, regardless of any direct, indirect, special, incidental, exemplary, punitive or consequential damages of any kind.
8.2 You understand and agree that if you are dissatisfied with the Services, you may only request that your account be terminated and that you cease using the Service.
8.3 Notwithstanding the other sections, if Floatsearch is found to be liable (including for gross negligence) by a court of competent jurisdiction, its liability to you or any third party is limited to the lesser of: (i) any amounts due and payable to you; and (ii) 100 AUD (one hundred Australian Dollars). Multiple claims will not expand this limitation.
9.1 In each country where Floatsearch operates, one or more of the following payment methods are accepted:
Credit card
Payment of cards are made by third-party payment gateways and, depending on the competence you have, the type of credit cards that are approved by these payment gateways may vary. Each credit card payment incurs a surcharge. The proportion changes from time to time depending on the time of payment and the jurisdiction you are in.
9.2 For the time being, Floatsearch can only make payments to Users of our Services through bank transfer. As a result, in order to obtain payments from Floatsearch, Users must supply Floatsearch with their financial details.
In addition to the policies in the other sections, the policies in this section apply to Shops.
You accept and recognize that any breach of Floatsearch’s policies would result in a number of acts, as outlined in Section 6.1.
Items
10.1 The products or services you list on the Platform (“items”) must respect all applicable legislation and regulations, this User Agreement, and not be prohibited by your country’s laws. You must not list any products or services that you do not offer to customers on a regular basis of your business. If you list products or services on Platform that require permits or licenses to own or sell, you must have those permits or licenses on hand. You agree and understand that Floatsearch has the right to remove any of your listed items on Platform that violate these policies and laws. Floatsearch is not liable to compensate you for any losses incurred as a result of your failure to comply with these policies and legislation.
10.2 The Shop shall, at his /her own discretion, determine the price of the item for sale. The price of the items shall include the entire amount payable to Customer such as sales tax, GST/VAT, tariffs, etc. If not, you must include this detail in your instruction. You must update the item’s price if there is a change.
10.3 We provided the “ask for price” feature on the Platform for items for which you cannot specify the price, enabling you to give the price to the customer after they placed their order to provide flexibility for both you and the customer. This does not imply that the customer must accept the price you offered after placing the order. Please make proper use of this.
10.4 The items should be available for purchase. If not, you would alter this by using the tools we provided on Platform.
10.5 You accept and agree that you shall be accountable for the payment of all taxes, duties relating to the items sold and, in this respect, Floatsearch cannot provide any legal or financial advice. Because tax legislation and regulations can vary from time to time, it is advisable for you to obtain professional advice in cases of doubt.
10.6 You shall administer and insure properly that the information you publish, including pricing and item details, inventory quantities, sales terms and conditions, is up to date, and that inaccurate or misleading information is not provided.
10.7 If you list any product or service on the Platform that is legally required to be purchased by a certain age in your country, you must declare it and verify the customers’ age before selling and/or delivering it to them.
Membership
10.8 Floatsearch offers membership to Shops on an ongoing basis. Shops may purchase the membership with options (activate membership). Floatsearch offers the membership with options in accordance with this User agreement and any explanatory materials made available on the Platform. Shops who activate membership agree to be bound by this User Agreement as well as the rules of the membership package. Do not activate membership if you do not agree to be bound by these rules and policies. Being an activated member of Floatsearch by activating membership does not exempt you from the terms and conditions of this User Agreement or our other policies.
10.9 You understand and agree that Floatsearch makes no warranties or guarantees about an increase in viewership or sales of your items as a result of the membership we offer.
10.10 To register a Shop account on the Platform, you must be the beneficial owner or manager of the business. For verification reasons, Floatsearch can request that you include personally identifiable information such as business information documents and/or other such required documents. In the present case, Floatsearch gives its consent to the use, store or supply of its personal data to third parties to promote the use of the Platform.
10.11 It is strongly advised that you only activate membership after carefully considering your budget and anticipated sales goals. Floatsearch shall not be liable for any compensation or liability (including, but not limited to, real costs and lost profits) resulting from or expected to result from any membership and/or its options we offer.
10.12 You understand and agree that changing or stopping using your membership will result in no refund. If you stop using your membership (deactivate membership) before the expiration date, your membership will be cancelled immediately. Your membership will be automatically deactivated after the expiration date if you don’t continue to activate it, or for any reason, we don’t receive any payment from you for renewal of your membership on or before the expiration date.
To activate your membership after it has been deactivated , you have to pay for an administration fee plus the full price of the new membership with options of your choice, which may be either the same as or different from the membership with the options you previously used. The amount of administration fee varies depending on the time you activate your membership.
10.13 As part of our marketing strategy, Floatsearch may send you some designs for use for display only. You accept and recognize that those designs are Floatsearch’s intellectual property and that they belong to Floatsearch. Floatsearch agrees to allow only those who are currently activated members of Floatsearch to use those designs. Please do not use such designs if you are not currently an activated member of Floatsearch or if your membership with Floatsearch has been deactivated.
10.14 Notwithstanding anything in this User agreement, if Floatsearch is found to be liable (including for gross negligence) by a court of competent jurisdiction, its liability to you or any third party in relation to any paid membership is limited to the lesser of (i) the amount paid by you for a month calculated by your current membership (ii) 100 AUD (one hundred Australian Dollars).
10.15 You represent and warrant that all of the information and documents you submit to Floatsearch are true and correct.
Payment
10.16 Floatsearch does not provide an online payment system in connection between Customers and Shops. You have to instruct Customers how to pay for their order. Floatsearch is not liable for any disputes that might occur between Customers and Shops as a result of the payment process between Customers and Shops.
10.17 To increase Customers and Shops convenience, we have a method that enables Customer to inform the Shop that they have already paid for the order using the payment method that you instructed them to use (if there is one like that). This does not indicate that they have already paid for their order or the payment has gone through, you must double-check it. Please notify the customer if you haven’t received the payment yet.
Cancel order, return, refund or guarantee
10.18 Floatsearch is not involved in or tracks the cancellation, return, refund or guarantee process between Customers and Shops.
10.19 There is a tool with certain requirements for shops that allows Customers to cancel their order online. If you do not set up this tool or if the conditions are not met, the customer might call you to cancel their order. Floatsearch is not liable for any issues that occur as a result of order cancellations between Customers and Shops.
Invoice or receipt
10.20 Floatsearch is not involved in or issues invoices/receipts for any sales from the Shops on Platform. You have to provide invoices/receipts to Customers on request based on their purchases from your Shop.
Ban a Customer
10.21 There is a tool/method that allows a shop to ban a customer from placing orders via Platform at their shop for a fixed period of time if the shop suspects the customer has placed deceptive or fraudulent orders. Note that if you use this method, some issues may arise that may have an impact on your business. Floatsearch is not liable for any problems that might occur as a result of using this method. Please make proper use of this method.
10.22 If your account has produced some unusual bans, we may investigate the reason for your bans and take appropriate action. This may result in the suspension of your normal activities on Platform and/or the disabling of your account if we determine that your bans are unfair. Floatsearch is not liable for any problems that might occur as a result of such operations which we reserve the right to carry out in order to protect Customers on the Platform.
10.23 If you discover that there were unusual bans on your account that were not intended, please change your password immediately and contact us via support@floatsearch.com to get those bans removed.
Delivery
10.24 Floatsearch is not involved in or provides delivery service for the items specified on Platform by Shops. You must advise the Customers about how to receive their products or services as part of their order. However, for the sake of information flexibility between Customers and Shops, Floatsearch provides a method that allows Customes to enter their address in order to receive the items they have ordered through Platform in the case of you have delivery service.
In addition to the policies in the other sections, the policies in this section apply to Customers.
For Customers, we also provide the Introduction of Use along with this User Agreement. Please read it well.
You accept and recognize that any breach of Floatsearch’s policies would result in a number of acts, as outlined in Section 6.1.
Information provided by Shops
11.1 There is a variety of information provided by Shops on Platform. Floatsearch does not monitor or guarantee the reliability or accuracy of the information. If you are unsure or do not completely comprehend the details, please contact the Shops directly to find out or check the information. You understand and accept that Floatsearch is not liable for any issues that arise as a result of your use of this information.
Purchase products or services at a Shop on Platform
11.2 You understand and accept that before placing an order at a Shop using the Platform, you must (i) thoroughly understand the product or service you intend to buy; (ii) fully understand that you will enter into a contract of sale between you and the Shop and be prepared to comply with the laws of your country as a buyer and the Shop’s policies; (iii) completely understand your rights and responsibilities as a buyer if a sale contract has been established.
11.3 You understand and accept that Floatsearch is not involved in or responsible for any issues that arise as a result of your decision or action to purchase any product or service from Shops via the Platform.
11.4 Before placing an order through the Platform, you must carefully read the details provided by the Shop and, if necessary, contact the Shop to obtain additional information.
11.5 Floatsearch does not provide an online payment system in connection between Customers and Shops. A Shop might instruct you how to pay for your order at the Shop on Platform. You must double check the information with that Shop before making payment.
11.6 You understand and accept that Floatsearch is not involved in or responsible for any problems that arise as a result of sales between Customers and Shops, including but not limited to the payment, transaction, return, refund, delivery and guarantee processes associated with such sales.
11.7 If you intend to buy a product or service from a Shop via Platform that requires a certain age, license or permit to purchase by laws in your country, you must comply with those laws.
11.8 You are aware and agree that after placing an order at a shop on the Platform, we will share your registered name, address and phone number with the Shops for their use.
Third party sites and content
11.9 You will be permitted to exit the Platform through third party links given on the Platform. These links may be posted by Shops on Platform or by Floatsearch. These links are provided only with the courtesy of you and sites to which they connect are not in any way controlled by Floatsearch. Floatsearch is not responsible for the content or links on any of these connected pages, including any modifications or improvements to those sites. Floatsearch does not accept responsibility in this respect. The use of Floatsearch’s links is for convenience only, and the use of any connection does not mean in any way that any linked site and/or any material therein is affiliated, endorsed, or sponsored by Floatsearch.
Your contributions to the Service
12.1 You serve and assure that you have the right and/or approval to award Floatsearch the following permits by uploading Material for inclusion at the Services. In this way, Floatsearch and it successors are granted the permission to use, copy, republish, transmit, modify, adapt, create, publicly display and make such Material contribution, through and in connection with the Services in all formats of media channel, permanently, irrevocably, throughout the world, not exclusive, free, sublicensable and transferrable licenses. You also understand and recognize that you are fully responsible for all Material you posted or otherwise made available on or through the Services, including, without limitations, authenticity, durability, nature, clearance of copyright, enforcement and legal restriction relating to all contributions to the Material. You recognize that your contribution can be transferred across different networks and adapted to meet technical requirements.
12.2 Any content, materials, information or idea you post on or via the Services or otherwise forwards to Floatsearch through any method will not be held to be confidential by Floatsearch, and may be disclosed or used by Floatsearch without reimbursement or responsibility for any reason whatsoever. By that, you recognized and accept that, respectively, Floatsearch and others who have a similar or equivalent feature, code or other characteristics to the ideas outlined in your post may create software, applications, interfaces, products and improvement to the same. Consequently, you hereby grant to Floatsearch and its successors a permanent, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferrable license for developing and copying, republishing, transmitting, modifying, adapting, creating derivative works of the items identified above as well as for the publication, public display via or related to the Services (and its derivative works). This rule is not applicable to personal data that is subject to our privacy policy unless you make this personal data accessible publicly on or through the Services.
Third party contributions to the service and external links
12.3 The exclusive responsibility for quality, trustworthiness, nature, clearance of rights, compliance with the laws and legal limitations relating to the data, text, images, sound, videos, software and other Materials solely belongs to the contributors who delivered them to the Services. As such, Floatsearch is not liable for the accuracy, reliability, nature, clearance of rights, respect of laws and the legal limitations of any contribution of the Material and shall not regularly track or verify them. You shall not hold Floatsearch liable for any acts or inactions of any Users, including anything posted or made available through these Services without limitation.
12.4 The Services may also include links to goods, websites, services and deals from third parties. Floatsearch does not own or track these third parties’ connections, goods, websites and services. Rather, they are owned by third parties and belong to them and may be protected by relevant copyright legislation or other agreements and treaties on intellectual property. Floatsearch has not checked the content, functionality, protections, services and privacy policies, or other practices of these third parties and assumes no responsibility for these third parties. You are advised to read the terms and policy that these third parties publish or otherwise post on their website.
13.1 If a disagreement occurs in a sale contract, the Shop and Customer agree to first meet, through joint negotiations and through fair commercial efforts. Floatsearch makes use of this conflict, in order to settle this dispute. In most cases, Customer and Shop connect, find out what happened and negotiate to suitable settlements is the best way to resolve a dispute. When conflicts are resolved early by open communication, it is important to maintain both your satisfaction and to create customer loyalty.
13.2 Where a joint discussion cannot solve the problem, Users can refer any conflict arising out of a sale contract to the claims tribunal of their local competence.
13.3 Each Customer and Shop agrees not to suit or otherwise make claims against Floatsearch or its associates for any sale or conflict related to that sale on the Platform (except where Floatsearch or its affiliates are the seller of the commodity to which the claim relates).
You understand and agree that:
14.1 You have the right and ability to participate and comply with this User Agreement (and in the case of minor, legitimate parent or legal guardian consent).
14.2 You shall only use the Services for legitimate purposes, in compliance with this User Agreement and in accordance with all relevant legislation, rules, codes, orders, directives, policies and regulations.
14.3 You are in agreement to indemnify, protect and keep Floatsearch Team (including Floatsearch, its subsidiaries, affiliates, co-branders, licensors, third-party providers and each of their officers, directors, agents, shareholders, employees, and representatives) harmless from and against any and all lawsuits, acts, prosecutions, and all related liability, damages, liquidations, sentences, fines, and expenses (including, but not limited to, dispute settlement expense) (collectively and individually, “Claims”) incurred by or made against Floatsearch Team as a result of or in connection with this User Agreement, the Platform, or the Services, including, but not limited to: (i) You use, none-use or misuse of, or reference to, the Platform, the Services, the Material; (ii) your suspected or actual breach of this User Agreement or any policy or guideline referenced herein; (iii) hosting, service, administration and/or supervision by or on Floatsearch’s behalf; (iv) your infringement of laws or the rights of third party and otherwise as set out herein, including intellectual property rights; (iv) Material uploaded by you.
Floatsearch retains the right to take over exclusive protection and control, at your expense, of every matter to which you are obligated to make compensation to Floatsearch Team and to cooperate in defending these Claims. Without the prior written approval of Floatsearch, you agree not to resolve the matter. Once you have been aware of these Claims, Floatsearch will make fair attempts to contact you.
14.4 You expressly waive your right to a jury trial and your right to engage as a member of plaintiffs in any conflict arising out of or relating to the Services and/or this User Agreement, in any case, including, but not limited to class action litigation.
15.1 If we believe you have engaged in any of the fraudulent or suspicious activity and/or transactions, we can, in our absolute discretion, take a range of actions to protect Floatsearch, its Users, and others. The actions we can take include, but are not limited to, the following:
- Terminate this User Agreement, restrict your Account, and/or close or suspend your Account without penalty to us;
- Refuse to provide you with Floatsearch services now and in the future;
- Limit your access to our websites, applications, and systems (including all networks and servers which provide any of our Floatsearch services) that we or your Floatsearch account or any of our Floatsearch Services run on our behalf.
- Contact Users who have sales connections with you using Floatsearch Services, any third party affected or the law enforcement authorities concerning your behavior.
- Correct any inaccuracies you’ve sent us.
15.2 You are responsible for any Reversals, Chargebacks, Claims, fees, fines, penalties, any liability incurred by Floatsearch, any Floatsearch Users, or a third party as a result of the violation of this User Agreement and/or use of the Floatsearch services.
For the purposes of this section:
- “Chargeback” refers to a request filed directly with a debit or credit card provider or issuing bank to invalidate a payment.
- “Claim” is a challenge to a payment filed directly with Floatsearch by a Shop or Customer.
- “Reversal” means that Floatsearch reversed a payment because (i) it was invalidated by the sender’s bank, (ii) Floatsearch was mistakenly sent it to you, (iii) the payment was sent by someone who did not have permission to do so (for example, the sender used a stolen credit card) , (iv) you received the payment for activities that violated this User Agreement or any other Floatsearch policy, (v) Floatsearch has chosen to file a Claim against you.
16.1 We reserve the right at all times by publishing on our websites and Platform the changes, to make modifications to our Services, this User Agreement and our policies. When you use our Services, you agree to be bound by this User Agreement as well as our policies on the websites and Platform.
17.1 If you violate this User Agreement and no actions are taken by us, in any other case in which you abuse this User Agreement, we will always be able to use our rights and remedies.
18.1 If any of the policies in this User Agreement is deemed to be invalid, void, or inapplicable in any case, that policy will be deemed to be severable and will not affect the validity or effectiveness of any remaining policies.
19.1 Floatsearch retains all rights not specifically accorded herein.
19.2 No privileges you grant hereunder or sub-contract any of your responsibilities may be assigned, sub-licensed, or transferred.
19.3 There will be no partnership, joint venture or arrangement of principal agent between Floatsearch and you under this User Agreement, nor will it enable you to incur any costs or liabilities on behalf of Floatsearch.
19.4 This User Agreement would only benefit you and us, and would not benefit any other entity other than Floatsearch’s affiliates and subsidiaries (including respective descendants and assigns of Floatsearch and its affiliates and subsidiaries).
19.5 This User Agreement and any arrangements and regulations used or referred to this User Agreement shall constitute full agreement and understanding between the parties in regard to the Services and the Platform and shall replace any prior agreement or arrangement between parties in relation to the Service and the Platform. The implicit terms are also excluded by these parties.
The parties have not relied on any argument, representation, warranty, comprehension, undertaking, commitment, or guarantee, other than those specifically set out in this User Agreement to conclude the agreement established by this User Agreement.
This User Agreement cannot be contradicted, clarified or augmented by proof of any previous arrangement, contemporaneous oral agreement, or reliable additional terms.
19.6 You agree to comply with all relevant anti-corruption and bribery rules, legislation and codes, and confirm that all policies and procedures necessary to insure compliance with these provisions are in place and implemented
Feel free to contact us at support@floatsearch.com if you have any questions or complaints about this User Agreement or any problems posed in our policies or on the Platform.
I HAVE READ THIS USER AGREEMENT AND AGREE TO ALL THE ABOVE CONDITIONS AND TO ANY SUBSEQUENT REVIEWS. I UNDERSTAND THAT I CREATE A DIGITAL SIGNATURE BY PRESSING THE REGISTER BUTTON DURING THIS REGISTRATION, WHICH IS THE SAME AS IF I SIGN MY NAME MANUALLY.
Version 1.0.0, last update 24 April 2021