Terms of Service
WEBSITE TERMS AND CONDITIONS OF USE
Last updated: 23rd September 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
These terms and conditions of use (this “agreement”) (together with the documents referred to in it) is a legal agreement between you and Floe Oral Care Limited, a company incorporated and registered in England and Wales with company number 11769642 whose registered office is at 1a Crown Lane, London, United Kingdom, SW16 3JD (referred to throughout as: "Floe", “we”, “us” or “our”) for the use of our website: www.getfloe.com (the “Floe Platform”).
By using and/or registering to use the Floe Platform, you must read, agree with and accept all of the terms and conditions contained in this agreement. This agreement is provided to you and concluded in English. You agree that any use by you of the Floe Platform shall constitute your acceptance of the agreement. We recommend that you store or print-off a copy of the agreement (including all policies) for your records.
If you do not agree to the terms of this agreement, please refrain from using the Floe Platform.
1.1 This agreement refers to the following additional terms, which also apply to your use of the Floe Platform:
2.1 We have developed the Floe Platform to provide you with better oral care and a means of subscribing to our sustainably sourced dental subscription service offering. Through the Floe Platform you can order your "Floe Subscription Box" which shall consist of the following: 1 x Curaprox Toothbrush, 2 x 75ml Floe Toothpastes, 1x jar of Floe Dental Floss and a free returns label to be used in accordance with clause 6 below. Please note the contents of the Floe Subscription Box may be subject to change but shall always consist of products of equal value and we will inform you via the Floe Platform before your next quarterly box if the contents have been updated.
2.2 To be eligible to use the Floe Platform, you hereby represent and warrant that you:
(a) are at least 16 years old;
(b) agree to the terms of this agreement;
(c) are not acting on behalf of an undisclosed principal or a third party beneficiary; and
(d) shall ensure that your login is only used by you and shall not share it with any third parties.
2.3 In consideration of you agreeing to abide by the terms of this agreement, we hereby grant to you a non-exclusive, non-transferable, license to use the Floe Platform and subscribe to the Floe Subscription Box on the terms of this agreement. To access and use the Floe Platform and receive the Floe Subscription Box you must create an account by providing your first name, surname, email address, telephone number, delivery address and choosing a password ("Account"). You may log into your Account on multiple devices; however, sharing your log-in details with any other user is strictly prohibited in accordance with clause 2.4 below.
2.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this agreement.
2.5 We reserve the right to refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected, we reserve the right to close or merge these duplicate accounts without notification.
2.6 Access to the Floe Platform is permitted on a temporary basis and we reserve the right to withdraw or amend the services or functionality that we provide on the Floe Platform without notice. We will not be liable if for any reason the Floe Platform is unavailable at any time or for any period.
2.7 From time to time, we may restrict access to some parts of the Floe Platform, or the entire Floe Platform, to users who have registered with us. We will use reasonable endeavours to fix issues and bugs in the Floe Platform as quickly as we can.
2.8 You must not misuse the Floe Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain un-authorised access to the Floe Platform, the server on which the Floe Platform is stored or any server, computer or database connected to the Floe Platform. You must not attack the Floe Platform via a denial-of-service attack or a distributed denial-of service attack.
2.9 If you breach clause 2.8, you will be committing 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, we reserve the right to immediately cease your right to use the Floe Platform.
3.1 Once you have created an Account on the Floe Platform you will be eligible to order your Floe Subscription Box on a quarterly subscription basis (receipt of a Floe Subscription Box every three months) ("Quarterly Subscription")
£ 23.97 (payable in monthly installments of £7.99)
4.1 Through your Account you can order your Floe Subscription Box. You will be asked to provide payment details and a UK delivery address so that we can process your order and deliver your Floe Subscription Box to you. For the avoidance of doubt, all Floe Subscription Boxes will be sent via standard delivery and the cost of delivery (within the UK) will be included in the Fee. The cost of delivery outside of the UK shall be £4.99. If your postal address for delivery of your Floe Subscription Box is outside of the UK you shall be charged the delivery fee of £4.99 at check out.
4.2 We will notify you via email once your order has been processed. It will then be passed to a third party shipping provider. The estimated delivery time shall be: UK = 2-3 working days; Europe = 3–6 working days; and RoW = 5–11 working days (working days means that Saturdays, Sundays or public holidays are not included in this period); however, sometimes there may be delays due to postal/carrier delays, logistics or bad weather. We will keep you updated as much as we can and you may be able to track your Floe Subscription Box's progress. If you have any delivery concerns post ordering, please don’t hesitate to get in touch with us via email@example.com.
4.3 It is your responsibility to provide accurate Account information and to inform Floe of any update to such information. Floe shall not be responsible for any Floe Subscription Boxes or information sent to incorrect postal or email addresses provided by you and you shall not be entitled (it shall be at Floe’s sole discretion) to receive a replacement Floe Subscription Box in the event that you have provided incorrect or out of date contact information. If you discover you have provided an incorrect postal address please inform us in writing via email to firstname.lastname@example.org as soon as possible. We cannot guarantee that we will be able to offer a replacement Floe Subscription Box if we have already shipped to the incorrect address.
4.3 If you subscribe for a Quarterly Subscription, you:
(a) agree and undertake to pay to us (without any deduction) the relevant Fees as set out above in advance in full each month (in GBP or the equivalent in your local currency based on the conversion rate at the time of payment) and authorise us to collect the full Fee from you each month (i.e. £7.99 per month) "Month" until you pause or cancel your subscription. For the avoidance of doubt your Quarterly Subscription shall auto-renew until the current box is fully payed.
4.4 We reserve our rights to amend the Fees at any time. However, we shall notify you in writing of any change in the Fees and any such change shall take effect at the beginning of the new Quarter.
4.5 We may offer promotional offers from time to time which may include promo codes or Account credits, and which may be subject to expiration dates and may only be applicable to selected users of the Floe Platform. We reserve the right to remove Account credits from your Account or end a promotional offer without notice if we believe, at our sole discretion, you are not acting in good faith in relation to the terms of the promotion.
4.6 Payments will be processed by a third party payment processor: Stripe, in accordance with its standard terms and conditions: https://stripe.com/gb/ssa
You hereby give consent: (a) to us sending you electronic communications (including via email and text) in relation to upcoming and successful payments managed via the Floe Platform; and (b) for the payment processor to access your bank account which is nominated by you from time to time, and to either deduct or deposit the applicable amount, less any fee which may apply.
We shall not be liable to any person if Stripe or any other payment processor is not able to deduct or deposit any amount due to insufficient funds or incorrect bank account details.
4.7 If the credit card details you have provided us with via your Account are invalid at the point of us charging you for the Fees owed to us, we shall inform you by email. We will make every effort to contact you by email (to the address used to set up your Account) if your card payment fails.
4.8 If your payment fails, after notifying you we shall continue to attempt to take payment up to three (3) times over a period of seven (7) days to allow you to update your payment details. If we do not have valid payment details your Account will be paused automatically and you shall not receive your Floe Subscription Box for that Quarter.
4.9 If your card details are not updated to a valid payment method, we reserve the right to permanently delete your Account and all data held within.
5.1 If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.2. This means that during the relevant period if you change your mind or for any other reason you decide you do no longer wish to receive a Floe Subscription Box, you can notify us of your decision to cancel this agreement and receive a refund of the Fees (if your Floe Subscription Box has not already been sent out). If your Floe Subscription Box has already been sent out you will still be charged for the remaining payments for that Quarter and you will not be entitled to a refund but cancellation will still take effect and you will not receive any further charges or any further Floe Subscription Boxes after the first Quarter.
5.2 Your legal right to cancel this agreement starts from the date you order your Floe Subscription Box. You then have a period of fourteen (14) working days in which you may cancel (“cooling-off period”). Working days means that Saturdays, Sundays or public holidays are not included in this period.
5.3 To cancel this agreement during the cooling-off period, please contact us in writing to tell us by sending an e-mail to: email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
Cancellation after the cooling-off period
5.4 After the expiry of the cooling-off period set out in clause 5.2, you may cancel your Account at any time by clicking on the 'Cancel your Account' link on your Account settings page. You are solely responsible for properly cancelling your Account.
5.5 You may cancel your Quarterly Subscription at any time by selecting to do so via your Account. If you cancel your subscription mid Quarter you will still be charged for the current Quarter and not entitled to any refund but cancellation will take effect and you will not receive any further charges or any further Floe Subscription Boxes after that Quarter.
Pausing your Subscription
5.6 If you are signed up for a Quarterly Subscription, you may also choose to pause your subscription for the next Quarter at any time via your Account ("Pause Plan"). If you choose to Pause Plan you will still be charged Fees for the current Quarter but your Subscription will be paused for the next Quarter, therefore you will not receive your Floe Subscription Box for the next Quarter and you will not be charged by us until you reactivate your Quarterly Subscription via your Account.
5.7 If you receive your Floe Subscription Box and you are not satisfied with it for whatever reason, please let us know by contacting us at: firstname.lastname@example.org. We may ask you to return the Floe Subscription Box to us and you may be entitled to a refund. For the avoidance of doubt the shipping fee shall be included in the Fee; however, when issuing refunds we will not refund the shipping fee portion of the Fee.
6.1 In your Floe Subscription Box you will receive a free returns label to enable you to return your used Floe products (and any other oral care products: tooth brushes, brush heads, toothpaste tubes and floss) to us for recycling.
6.2 Once you have finished with the products in your Floe Subscription Box pack them into the box they came in or your new Floe Subscription Box (if your next one has arrived) (along with any other oral care products you wish to recycle), ensure the box is properly closed and sealed so no products fall our in transit, attach the returns label included (remember to remove the new returns label from your new Floe Subscription Box before returning it so you have it for next time) and place the Floe Subscription Box in the post. Your Floe products and any other oral care products you send to us will be recycled by our specialist recycling partner, for your information this is a third party service provider.
6.3 You should not return the products from your Floe Subscription Box or any other oral care products to us in any other box or packaging or it will not be able to be processed by us and will be disposed of.
7.1 You will receive access and direct links to third party services for your benefit and ease of service via the Floe Platform, including but not limited to: ReCharge, Stripe (as mentioned above), Shopify and Klaviyo which are subject to their own terms and conditions:
ReCharge (subscription service): https://rechargepayments.com/terms-of-service
Stripe (payment provider): https://stripe.com/gb/ssa
Shopify (e-commerce platform): https://www.shopify.com/legal/terms
Klaviyo (growth marketing platform): https://www.klaviyo.com/terms-of-service
You acknowledge and agree that when you click on a link to a third party website on the Floe Platform you are leaving the Floe Platform and entering a third party website which is subject to its own terms and conditions. Please read all third party terms and conditions carefully before using such sites. Floe accepts no responsibility or liability in respect of any events that occur whilst you are using third party platforms and services.
The Floe Subscription Box has been designed to help you to improve your oral hygiene in accordance with the British Dental Association guidelines. Please follow all instructions you are provided with in your Floe Subscription Box. Your health is of paramount importance to us and in the case of any adverse reactions, discontinue use of the Floe Subscription Box and seek dental advice immediately.
9.YOUR INDEMNITIES AND UNDERTAKINGS
9.1 You agree that when using the Floe Platform you will comply with all applicable laws and this agreement. In particular, but without limitation, you agree not to:
(a) use the Floe Platform in any unlawful manner or in a manner which promotes or encourages illegal activity;
(b) breach any law, statute, contract, or regulation;
(c) act in a manner that is obscene, defamatory, libelous, unlawfully threatening or unlawfully harassing;
(d) provide false, inaccurate or misleading information;
(e) use an anonymising proxy; or
(f) attempt to gain unauthorised access to the Floe Platform or any networks, servers or computer systems connected to the Floe Platform.
(together the “Restricted Activities”)
9.2 Except as expressly set out in this agreement or as permitted by any local law, you undertake:
(a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Floe Platform or your access to the Floe Platform;
(b) not to engage in any of the Restricted Activities, nor control an account that is linked to any of the Restricted Activities;
(c) not to make alterations to, or modifications of, the whole or any part of the Floe Platform nor permit the Floe Platform or any part of it to be combined with, or become incorporated in, any other programs or websites;
(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Floe Platform;
(e) to include our copyright notice on all entire and partial copies of the Floe Platform in any form; or
(f) not to provide, or otherwise make available, the Floe Platform in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.
9.3 Notwithstanding clause 9.1 and 9.2, you agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of the Floe Platform otherwise than in accordance with this agreement or any applicable laws.
9.4 You warrant to us that all the information you provide to us is true and accurate to the best of your knowledge.
10.1 We are the owner or the licensee of all intellectual property rights in the Floe Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 The trade marks, service marks, and logos (“Trade Marks”) contained on the Floe Platform are owned by us or third party partners of us. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of us or the relevant third party partner of us.
10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 Our status (and that of any identified contributors) as the authors of content on the Floe Platform must always be acknowledged.
10.5 You must not use any part of the content on the Floe Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
10.6 If you print off, copy or download any part of the Floe Platform in breach of this agreement, your right to use the Floe Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We may revise this agreement (or any of the documents referred to in this agreement) at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
12.1 Use of the Floe Platform is at your own risk. The Floe Platform is provided on an “as is” basis. We do not warrant or guarantee that the Floe Platform and all or part of its contents will be always available or that its use will not be interrupted.
12.2 You acknowledge that the Floe Platform may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this agreement.
13.1 Nothing in this agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
13.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Floe Platform or any content on it, whether express or implied.
13.3 Subject to clause 13.1, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Floe Platform; or
(b) use of or reliance on any content displayed on the Floe Platform.
13.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Floe Platform or on any website linked to it.
13.5 We assume no responsibility for the content of websites linked on the Floe Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13.6 Subject to clause 13.1, our maximum aggregate liability under or in connection with this agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100 or the amount you paid to us in fees in the previous 12 calendar months, whichever is greater.
14.1 Either party may terminate this agreement immediately and without notice to the other party. You may terminate this agreement by deleting your Account and refraining from using the Floe Platform; however you may still be liable for the Fees owed as detailed in clauses 4 and 5.
14.2 Upon termination or expiry for any reason:
(a) all rights granted to you under this agreement shall cease;
(b) you must cease all activities authorised by this agreement; and
(c) you must immediately delete your Account and cease using the Floe Platform and certify to us that you have done so.
14.3 We reserve the tight to delete your Account on termination of this agreement and for non-payment of the Fees owed in accordance with clauses 4 and 5 of this agreement.
14.4 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
15.1 This agreement is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may assign, charge, novate or otherwise dispose of this agreement without our prior written consent.
16.1 We are required to provide certain information to you in writing. By accepting this agreement, you agree that we can communicate with you electronically either by email or by posting notices on the Floe Platform.
16.2 This agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.
Law and Jurisdiction
16.3 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.4 Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.
To contact us, please email email@example.com