FlowVeda Website Terms and Conditions
1. Acceptance of Terms
This website (“Website”) is operated by BioFlow Mgmt LLC, which trades under the name FlowVeda LLC (“FlowVeda”). By accessing and using this Website, you consent to adhere to these Website Terms and Conditions of Use, along with all relevant laws and regulations. Compliance with any applicable local laws is your responsibility. Should you disagree with any part of these terms, please refrain from accessing or utilizing this Website.
2. Usage and Accessibility
The content on this Website, safeguarded by relevant copyright and trademark laws, is intended solely for your personal, non-commercial utilization. You are permitted to download content from this Website exclusively for personal use. It is prohibited to replicate, redistribute, publish, alter, copy, decompile, reverse engineer, or transmit any material from this Website, including texts, graphics, logos, photographs, blog entries, videos, still images, product details, images, descriptions, or social media content. Additionally, you are expressly forbidden from creating derivative works or materials based on the content available on this Website. Upon ceasing your access or use of these materials, you are required to eliminate any downloaded materials in your possession, whether in digital or printed form.
3. Data Protection and Privacy
a. Commitment to Data Privacy
FlowVeda is committed to protecting the privacy and security of our customers’ personal data. We adhere to stringent data protection practices to ensure that your personal information is handled with the utmost care and in compliance with applicable data protection laws and regulations.
b. Use of Personal Data
We collect, use, and process your personal data only as necessary for providing our services, processing orders, managing your subscriptions, and improving your user experience. We ensure that the use of your personal data is limited to the purposes for which it was collected.
c. Data Sharing and Disclosure
FlowVeda does not sell or share your personal data with third parties for marketing purposes. We may share your data with trusted partners and service providers only to the extent necessary for the provision of our services, and under confidentiality agreements.
d. Data Security Measures
We employ robust security measures to protect your personal data from unauthorized access, alteration, disclosure, or destruction. Our security practices are regularly reviewed and updated to safeguard your information.
e. Your Rights and Choices
You have certain rights regarding your personal data, including the right to access, correct, or delete your information, as well as the right to object to or limit certain processing activities. You can exercise these rights by contacting us at the details provided in our Privacy Policy.
f. Privacy Policy
For a detailed understanding of how we collect, use, and protect your personal data, and to learn about your rights and choices, please review our Privacy Policy here.
By using FlowVeda’s services, you acknowledge and agree to the terms outlined in this Data Protection and Privacy Clause and our Privacy Policy. We are dedicated to maintaining the trust and confidence of our customers through transparent and responsible data handling practices.
4. Terms of Sale
a. Product Purchases
Products available on FlowVeda’s website can be purchased by providing accurate and valid payment details. This includes your credit or debit card information, such as card number, expiration date, CVV, billing address, and the name as it appears on your card.
b. Payment Methods and Authorization
FlowVeda accepts various payment methods including credit cards and debit cards. The availability of these payment methods is subject to change at FlowVeda’s discretion. By providing your payment details, you authorize FlowVeda to charge your purchases to the specified payment method. You confirm that you have the legal right to use the payment method you have provided and that all charges made on the website will be accepted and honored by your payment provider. You agree to pay all charges at the prices displayed at the time of your order, including any applicable shipping, handling, and taxes.
c. Order Cancellation and Refunds
FlowVeda reserves the right to cancel any order at any time for any reason. If your order is canceled after your payment has been processed, you will receive a refund to your payment method for the amount charged. FlowVeda is not responsible for any additional charges that your card issuer may apply, for payment refusals, or for delays or non-delivery of products due to validation checks regarding your payment or identification.
d. Third-Party Payment Services
We may use third-party services to facilitate payments and complete purchases on our website. By entering your payment information, you agree to our sharing of this information with these third parties as per our Privacy Policy.
e. Order Refusal and Verification
FlowVeda reserves the right to refuse or cancel any order, particularly in cases of suspected fraud, unauthorized, or illegal transactions. Order cancellations may also occur due to product availability, errors in product or pricing information, or restrictions based on local, state, national, or international regulations. We may require additional verification or information before accepting an order and will contact you if any part of your order is canceled or if further information is needed to process your order.
f. Return and Refund Policy
For information about returns and refunds, please refer to FlowVeda’s Return and Refund Policy here. This policy provides detailed guidelines on how to return products, the conditions under which returns are accepted, and the process for receiving refunds.
By purchasing products from FlowVeda, you agree to these Terms of Sale, as well as our Return and Refund Policy, ensuring a secure and satisfactory shopping experience.
5. FlowVeda Subscription Policy
a. Subscription Overview
FlowVeda offers a flexible subscription program for our products including Silver Flow, Gold Flow, and Platinum Flow. Customers can subscribe to receive these products on a monthly or bi-monthly basis according to their personal regimen.
b. Creating a Subscription
To subscribe to FlowVeda products, simply select the subscription option when adding a product to your cart. You can choose the desired delivery frequency (monthly or bi-monthly) based on your personal needs.
c. Subscription Benefits
Subscribing to FlowVeda products ensures continuous delivery without the need to reorder each time. Additionally, subscribers may receive special promotions or discounts as applicable.
d. Managing Your Subscription
You can manage your subscription at any time through your FlowVeda account. This includes the ability to adjust delivery frequency, change your shipping address or payment method, pause your subscription, or cancel it altogether.
e. Cancellation Policy
Subscriptions can be canceled at any time without penalty. To cancel, visit your account and follow the instructions for subscription cancellation.
f. Payment and Charges
Your designated payment method will be charged according to your subscription schedule. You will be notified in advance of each charge, and the amount will reflect any applicable taxes and shipping fees.
g. Order Processing and Shipping
Subscription orders are processed according to your selected frequency. If a subscription order is processed and you weren’t prepared for it, contact customer support immediately for assistance. If the order has already shipped, we will work with you to resolve the issue according to our Return and Refund Policy.
h. Changes to Subscription Terms
FlowVeda reserves the right to modify the subscription terms and conditions. Subscribers will be notified of any significant changes through the email associated with their account.
i. Termination of Subscription by FlowVeda
FlowVeda reserves the right to terminate a subscription at our discretion. If we terminate your subscription after a payment has been processed but before shipment, you will receive a full refund for that order.
j. Subscription Returns and Refunds
All returns and refunds of subscription orders are governed by FlowVeda’s Return and Refund Policy, accessible on our website.
By subscribing to FlowVeda products, you agree to these subscription terms and conditions. We aim to make your experience with our subscription service seamless and beneficial to your health and wellness journey.
6. FlowVeda International Shipping Policy
FlowVeda recognizes the complexity of international shipping and the varying regulations that apply. To ensure compliance and clarity, we have established a specific policy regarding the shipment of our products to different countries.
a. Restricted Countries
As of the last update of this policy, FlowVeda does not ship to the following countries due to the unavailability of both Delivered Duty Paid (DDP) and Delivered Duty Unpaid (DDU) shipping options:
Aland Islands, British Indian Ocean Territory, Christmas Island, Cocos (Keeling) Islands, Congo – Kinshasa, Cook Islands, Falkland Islands, French Southern Territories, Heard Island and McDonald Islands, Iran, Mayotte, Nauru, Niue, Norfolk Island, North Korea, Palestinian Territories, Pitcairn Islands, Saint Helena, Saint Pierre and Miquelon, Somalia, South Georgia and the South Sandwich Islands, South Sudan, Sudan, Svalbard and Jan Mayen, Syria, Tokelau, Tuvalu, U.S. Outlying Islands, Vatican City, Wallis and Futuna, Western Sahara.
b. DDP Countries – Seller’s Responsibility
For countries where FlowVeda offers Delivered Duty Paid (DDP) shipping, all taxes and duties will be calculated and charged at the time of checkout. FlowVeda will handle the payment of these charges prior to shipping.
c. DDU Countries – Buyer’s Responsibility
For the following countries, where FlowVeda offers Delivered Duty Unpaid (DDU) shipping, buyers agree to bear the responsibility for paying all taxes and duties and must pick up their products at the designated location:
Albania, Andorra, Angola, Azerbaijan, Belarus, Benin, Bosnia & Herzegovina, British Virgin Islands, Central African Republic, Cuba, Curaçao, Djibouti, Equatorial Guinea, Eritrea, Faroe Islands, Fiji, French Guiana, French Polynesia, Georgia, Gibraltar, Greenland, Grenada, Guernsey, Guinea-Bissau, Guyana, Honduras, Iceland, Jersey, Kazakhstan, Kiribati, Kosovo, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Macedonia, Mongolia, Montenegro, Montserrat, Myanmar (Burma), Nepal, New Caledonia, North Macedonia, Norway, Papua New Guinea, Russia, Saint Barthélemy, Saint Kitts and Nevis, Saint Lucia, Saint Martin, Samoa, San Marino, São Tomé and Príncipe, Serbia, Sierra Leone, Sint Maarten, Solomon Islands, Sudan, Svalbard and Jan Mayen, Tajikistan, Tanzania, Timor-Leste, Tonga, Trinidad and Tobago, Turkmenistan, Turks and Caicos Islands, Tuvalu, Ukraine, Uzbekistan, Vanuatu, Venezuela, Wallis and Futuna, Yemen.
By using FlowVeda’s services, you acknowledge and agree to these shipping terms and the respective responsibilities they entail. FlowVeda aims to provide clear and comprehensive shipping policies to ensure a seamless and informed shopping experience for our international customers.
For the most current list of countries FlowVeda delivers to you can visit our international shipping partner, Passport, here.
7. Warranties and Disclaimers Clause
a. User Acknowledgement and Risk Acceptance
When you use the FlowVeda website, you acknowledge that you are doing so at your own risk. Your reliance on any information or materials on this website is entirely your responsibility.
b. ‘As Is’ Provision of Materials and Products
Everything provided on FlowVeda’s website, including all materials and products available for purchase, is offered to you “as is” and with any existing faults. This means that FlowVeda does not guarantee the condition or quality of these materials and products beyond their current state at the time of use or purchase.
c. Disclaimers of Warranties
FlowVeda explicitly does not provide any additional warranties, whether express or implied. This includes, but is not limited to, any implied warranties of merchantability (that the products are fit for general or specific purposes), fitness for a particular purpose, ownership, or non-violation of intellectual property rights or other rights.
Furthermore, FlowVeda makes no assurances or guarantees regarding the accuracy, potential outcomes, or reliability of the use of materials on its website, the products sold, or any related information. This also applies to any websites that may be linked to the FlowVeda site.
d. No Guarantees on Site Functionality
FlowVeda does not promise that the website’s functions will be uninterrupted, precise, error-free, or reliable. We cannot be held accountable for any issues such as website downtime, inaccuracies, failures, errors, omissions, interruptions, data loss, or any damages to your computer system or network arising from your use of our site.
8. Limitations
a. Scope of Liability
Under no circumstances will FlowVeda, including its parent company BioFlow Mgmt LLC, affiliates, agents, directors, officers, employees, or suppliers, be held responsible for any form of damages arising from your use of our website. This includes, but is not limited to, consequential, special, incidental, direct, indirect, exemplary, or punitive damages. Additionally, it encompasses damages related to loss of data, profit loss, any breach of our online privacy policy, violation of these Terms and Conditions, or disruptions to business operations, including those stemming from digital downtime or the inability to use the materials on FlowVeda’s website.
b. Digital Downtime
FlowVeda is not liable for any losses, damages, or inconvenience caused by unplanned downtime of our website or online services. This includes scenarios such as server failures, technical glitches, or external factors beyond our control. Planned maintenance will be scheduled and communicated in advance, but FlowVeda disclaims liability for impacts caused by these necessary downtimes.
c. Notification and Claim Theory
These limitations apply even if FlowVeda or an authorized representative has been informed, orally or in writing, about the possibility of such damages. The limitation of liability applies regardless of the legal theory under which liability may be claimed, whether negligence, contract, tort, strict liability, or any other legal theory.
d. Jurisdictional Variations
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
e. Time Limit for Claims
By agreeing to these Terms and Conditions, you waive the right to bring claims or actions related to the website more than one year after the first occurrence of any event, act, condition, or omission on which such a claim or action is based.
This updated clause is designed to provide a comprehensive outline of FlowVeda’s limitations of liability, including specific references to digital downtime, thereby ensuring that our users are fully informed about the scope and extent of our liability in connection with the use of our website and services.
9. User-Generated Content and Conduct
a. Intellectual Property Rights and Responsibilities
i. Respect for Intellectual Property
Users must respect the intellectual property rights of others. This includes not sharing, posting, or otherwise using content protected by copyright, trademark, or other intellectual property laws without proper authorization or legal basis for use.
ii. Original Content
Users are expected to create and share only original content on FlowVeda’s platforms (blogs, forums, reviews), or content for which they have rights or license to use. By posting content, users affirm they hold necessary rights and permissions.
iii. Grant of License to FlowVeda
By submitting content on FlowVeda’s platforms, users grant FlowVeda a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, distribute, and display such content in connection with the services provided by FlowVeda.
iv. Limitations on Granted License
The license granted to FlowVeda respects the original intent and integrity of the user-generated content and is limited to the operation and promotion of FlowVeda’s services.
b. Limitation of Liability for User-Generated Content
FlowVeda is not responsible for any defamatory, offensive, or illegal content or behaviors associated with user-generated content. Users are solely responsible for their content and may be held legally responsible for any claims or damages arising from their content.
c. User Content and Conduct Guidelines
i. Respectful Interaction
Engage in respectful, harassment-free interactions. Avoid bullying, discrimination, or hate speech.
ii. Content Standards
Ensure all content is appropriate, relevant, and not misleading or deceptive.
iii. Testimonials and Reviews
Provide honest and unbiased reviews without manipulating or falsely inflating product quality.
iv. Use of FlowVeda’s Services
Adhere to FlowVeda’s policies, avoiding abuse or fraudulent activities.
v. Privacy and Confidentiality
Respect others’ privacy and confidentiality.
vi. Moderation and Enforcement
FlowVeda reserves the right to monitor, moderate, and remove content. Users violating these guidelines may face restrictions.
d. Handling Intellectual Property Infringement Claims
i. Reporting Procedure
Users can report intellectual property infringements through designated channels.
ii. FlowVeda’s Response
FlowVeda will take appropriate action on valid infringement claims, which may include removing content and notifying the user.
e. Compliance and Reporting
As a user, we ask you to ensure your activities and content on our platforms follow general legal guidelines and respect community norms. If you come across any content that seems out of place, we’re here to help. Letting us know helps keep our community safe and enjoyable for everyone.
f. Changes to Guidelines
FlowVeda reserves the right to modify these guidelines, with continued use after changes constituting acceptance.
g. User Acknowledgement of Legal Responsibility
Users acknowledge their responsibility for the content they post and any resulting legal claims.
h. Rights to Terminate User Access
FlowVeda reserves the right to terminate or restrict user access for guideline violations.
i. User Acknowledgement of Content Use
Users acknowledge that their content may be used by FlowVeda in various ways without entitlement to compensation.
10. Indemnification
a. Agreement to Indemnify
As a user of the FlowVeda website, you agree to indemnify, defend, and hold harmless FlowVeda, its parent company BioFlow Mgmt LLC, and all of their respective affiliates, employees, agents, directors, officers, and shareholders. This indemnification extends to all liabilities, claims, damages, and expenses, including reasonable attorneys’ fees and costs, that arise in connection with your use or misuse of the FlowVeda website.
b. Scope of Indemnification
Your agreement to indemnify FlowVeda covers situations including, but not limited to:
i. Any form of misuse or failure to use the FlowVeda website.
ii. Any breach or alleged breach of the Terms and Conditions set forth by FlowVeda.
iii. Any infringement, or alleged infringement, of the copyright, trademark, proprietary, or other intellectual property rights belonging to third parties.
By engaging with the FlowVeda website, you acknowledge and agree to this indemnification clause, thereby accepting responsibility for your actions on the site and agreeing to cover FlowVeda against any legal claims or expenses that may arise from your actions. This clause is a crucial part of the Terms and Conditions, aimed at protecting FlowVeda and its associated parties from legal repercussions stemming from the actions of website users.
11. Revisions and Errata
a. Acknowledgment of Potential Inaccuracies
The content available on the FlowVeda website, including various materials, may contain errors of a technical, typographical, or photographic nature. FlowVeda does not guarantee the precision, completeness, or currentness of any materials presented on its website.
b. Changes to Website Content
FlowVeda reserves the right to modify or update the content on its website at any given time, and such changes may be made without prior announcement. However, FlowVeda is not obligated to ensure that these materials are consistently updated or revised.
By accessing and using the FlowVeda website, you recognize that the content may not always reflect the most current information or developments and that inadvertent errors may occur. FlowVeda aims to provide high-quality and accurate content but acknowledges that updates and corrections may be necessary over time.
12. Legal Jurisdiction
a. Governing Law and Jurisdiction
Any legal claims or disputes arising from or related to the use of the FlowVeda website, its content, or any associated services shall be governed by and construed in accordance with the laws of the State of Florida, United States.
b. Jurisdiction for Dispute Resolution
All parties agree that any legal action, proceeding, or dispute resolution shall be conducted exclusively in the courts located in Hillsborough County, Florida, United States. This stipulation applies without regard to any conflict of law provisions.
c. Acknowledgment of Jurisdiction
By using the FlowVeda website, you explicitly consent to the jurisdiction and venue of the courts in Hillsborough County, Florida, for the resolution of all disputes arising from or related to these Terms and Conditions, your use of the website, or any related transactions.
13. Alternative Dispute Resolution (ADR) Addendum to Legal Jurisdiction
a. Introduction to ADR
FlowVeda is committed to resolving disputes in a fair and efficient manner. Before resorting to formal legal proceedings in the courts of Hillsborough County, Florida, as stated in our existing Legal Jurisdiction clause, we encourage the use of Alternative Dispute Resolution (ADR) methods. This approach aims to facilitate an amicable and mutually satisfactory resolution to any disputes that may arise between you, the user, and FlowVeda.
b. ADR Methods
i. Negotiation
We encourage parties initially to attempt to resolve disputes informally through direct negotiation. This can be initiated by contacting our customer service team.
ii. Mediation
If negotiation does not resolve the matter, either party may propose entering into mediation. In this process, a neutral third-party mediator will assist both parties in working towards a mutually agreeable solution. Mediation is a non-binding procedure, and either party can withdraw at any time.
iii. Arbitration
If mediation is unsuccessful or bypassed, parties may agree to resolve their dispute through binding arbitration. In arbitration, an appointed arbitrator will review the dispute and make a decision that is binding on both parties. The location for any such arbitration shall be in Hillsborough County, Florida, and conducted in English. The costs for the arbitration process will be shared equally between both parties unless the arbitrator decides otherwise based on the merits of the case.
c. Opting for ADR
The decision to opt for ADR is entirely voluntary. If either party chooses not to participate in ADR or if ADR does not successfully resolve the dispute, the parties retain their right to pursue legal action in the courts of Hillsborough County, Florida, as per the original Legal Jurisdiction clause.
d. Continuation of Services
During the ADR process, FlowVeda will continue to provide services to the customer unless the nature of the dispute impedes such provision.
e. ADR and Legal Rights
The use of ADR does not waive any legal rights or remedies that either party has under our Terms and Conditions. If the dispute is not resolved through ADR, legal proceedings can still be initiated as outlined in our Legal Jurisdiction clause, above.
By agreeing to these Terms and Conditions, you acknowledge that you understand the ADR process and agree to its terms as a preliminary step before resorting to litigation.
14. Updates and Amendments Procedure
a. Purpose of the Procedure
FlowVeda reserves the right to update and amend its Terms and Conditions, along with any other policies, to reflect changes in our services, legal requirements, or any other aspects of our business operations. This procedure outlines the process by which such updates and amendments will be made and communicated to our users.
b. Procedure for Updates and Amendments
i. Notification of Changes:
FlowVeda will notify users of any significant changes to the Terms and Conditions or other policies. Such notifications will be communicated through one or more of the following methods:
a) Email notification to the email address associated with your user account.
b) Prominent posting on our website, such as a banner or pop-up notification.
c) Direct messaging through user accounts on the FlowVeda website.
ii. Effective Date of Changes
The effective date of the updates or amendments will be clearly stated in the notification. Changes will not be retroactive and will only apply from the effective date onwards.
iii. Access to Updated Terms:
The most current version of the Terms and Conditions and other policies will always be available on the FlowVeda website. Users are encouraged to periodically review these documents to stay informed of any updates.
iv. User’s Responsibility to Stay Informed:
It is the responsibility of the user to keep their contact information up to date and to regularly check the FlowVeda website for any updates to the Terms and Conditions or other policies.
v. Continued Use as Acceptance:
Continued use of the FlowVeda website and services after the effective date of any changes will constitute acceptance of the updated Terms and Conditions or other policies. If you do not agree to the changes, you have the option to discontinue using FlowVeda’s services.
vi. Archiving Previous Versions:
Previous versions of the Terms and Conditions and other policies will be archived and made available upon request for users to review the historical changes.
By using FlowVeda’s services, you acknowledge and agree to this Updates and Amendments Procedure, which ensures transparency and fairness in how we inform you of important changes that may affect your use of our services. We are committed to keeping our users informed and empowered regarding any modifications to our terms or policies.
