Terms of use, Cookies & your privacy.

Service Terms and Conditions

Last revised: 18.01.2017
FlickUp SA, chemin du Pré-Fleuri 3, 1228 Plan-les-Ouates, CHE-483.074.417 (“Company”, "we", "our"), regulates with these terms and conditions ("Service Terms and Conditions") the services offered through the Application (FlickUp | share, buy and get rewarded) (together with its updates, features, extensions and enhancements, the "App") to users, and, in particular, the use of the App, the online viewing, ordering and payment of the products listed on the App, and the related services that we make available to users ("Services").

By using the App, or in any manner enjoying our Services, you accept these Service Terms and Conditions, the App Terms of Use , the Site Terms of Use , our Privacy Policy and our Cookie Policy (collectively, "General Terms") all integrated herein by reference.
We invite you to read them carefully before accessing and using the App, and before using our Services.

Our Services and the Company's Role
The Company:
•allows third party sellers to list and sell their products on the App ("Sellers" or "Seller");
•allows App users ("Buyers" or "Buyer") to buy Sellers' products through the App;
•acts as a platform provider to help and facilitate transactions that are carried out on the App between Sellers and Buyers;
•provides a venue for Sellers and Buyers to negotiate and complete transactions.

The contract formed at the completion of a sale for these products is solely between the Buyer and the Seller. The Company is not the Seller (nor the sellers of any product listed on the App) and the sale of products is entirely subject to the Sellers' terms and conditions of sale. Seller's terms and conditions of sale are available on the Seller's website and a copy is provided at the relevant Seller's product pages on the App.

The Company only receives the payment on its PayPal account on behalf of the Seller. The Company is not a party of the contract agreed between the Seller and the Buyer, nor assumes any responsibility arising out of or in connection with it, nor is it the Seller's agent. The Seller is responsible for the sale of the products and for dealing with any Buyer claims or any other issue arising out of or in connection with the contract agreed between the Seller and the Buyer.

The Company has no control over the quality, safety, morality or legality of any aspect of the products listed, the truth or accuracy of the listings, the ability of Sellers to sell products or the ability of Buyers to pay for products. The Company does not pre-screen content or information provided by Sellers and it cannot ensure that a Buyer or Seller will actually complete a transaction. Consequently, the Company cannot and does not transfer legal ownership of products from the Seller to the Buyer.

Conditions for Sellers
In order to sell their products on the App, Sellers entered into a service agreement with the Company ("Particular Conditions"), regulating all aspects concerning the selling of products through the App and their obligations towards the Company. In the event that there is any inconsistency between the Particular Conditions and these Service Terms and Conditions, the Particular Conditions shall prevail. Use of the website www.flickup.co.uk and its sub-domains ("Site") is limited to Sellers that lawfully entered into the Particular Conditions with the Company. Parties different from Seller are not permitted to sell their products on the App or to register to the Site.

Sellers must always make clear the Company's role as described above (Our Services and the Company's Role) to Buyers or potential Buyers in any communications exchange, written or not, with them. Sellers must provide the Company true and accurate information when registering and must maintain and update that information. In order to use our Services, Sellers must create an account on the Site by providing their real name, address, phone number, e-mail address and a valid credit or debit card. Sellers warrant to the Company that the information provided during the registration process and updated information is true and correct. Sellers must not impersonate any person or use a name not legally authorised to use. The Company reserves the right to reject any registration and to refuse Services to anyone for any reason, in its sole and absolute discretion. The Company reserves the right to terminate Sellers account immediately and without prior notice in the event Sellers provide false or incorrect registration information, do not update said information or act in breach of these Service Terms and Conditions. Sellers are the sole responsible for maintaining the security of their account's password and the sole responsible for any use of or action taken under their account on the Site.

Sellers must comply with laws of the country in which the Buyer resides and with their terms and conditions of sale.

The following products must not be listed on the App by Sellers or purchased by Buyers: offensive material (including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age); obscene material including pornographic material; living animals; home-made alcoholic beverages; firearms and ammunition; stolen goods; items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right; illegal or prescription drugs; items whose sale, distribution or offering for sale is prohibited by any applicable law; any other types of products that in our discretion are to be excluded from listing and/or sale using the App.

In listing a product for sale, Sellers must display:

•Sellers' terms and conditions of sale;
•price of any product sold through the App (inclusive of any customs, import, export, and excise duty, VAT and other taxes which may be applicable);
•delivery modalities and delivery's territorial limits (if any);
•the country from which the product is dispatched.

Sellers may not charge or seek to charge the Buyers, or allow the Buyers to be charged, for any customs, import, export, and excise duty, VAT or other taxes which are additional to the price displayed for the products on the App. Delivery charges will be displayed on the check-out page. Buyers are required to pay Sellers in the currency in which the price is listed.

The Company retains the right and has absolute discretion but not an obligation to: prevent or restrict access to the Site or the App to any users; take any other action to restrict access to or availability of or remove any objectionable material, feedback, inaccurate listings, inappropriately categorised products, unlawful products or products prohibited for listing on the App; remove, screen or edit any content that breaches these Service Terms and Conditions or is otherwise objectionable.

Once the payment has been received, the Company will confirm the order to the Seller and the Buyer. After confirmation, Seller must dispatch product sold in accordance with the product's availability stated on the App and the Seller's terms and conditions of sale. Seller must provide a full refund to any Buyer who remits payment, if the item cannot be shipped in accordance with the Seller's terms and conditions of sale, within thirty (30) days following the date the order was confirmed.

The sale will be solely subject to the Seller's terms and conditions of sale, which represent the sole contract between the Buyer and the Seller, without prejudice to the laws which cannot be derogated (e.g., consumer protection law). Sellers may terminate their participation in the App at any time by giving written notice to the Company 30 days before said termination. The Company may terminate the Seller's participation in the App at any time by giving notice to the Seller. Upon termination, all rights and obligations of the parties under this Service Terms and Conditions will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any order placed prior to such termination for products listed by Seller using the App.

By listing a product, Sellers grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over the material displayed in their listings or in any other catalogue or product information that Sellers provide to the Company, in any existing or future media, known or unknown, now or at any later date, even for marketing purposes. The Company grants the Seller a limited and non-transferrable license to make professional use only of the Site in accordance with this Service Terms and Conditions. This licence does not include any resale or commercial use of the Site or its contents, any collection and use of any product indexing, listings, descriptions or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another professional seller and/or platform operator; or any use of data mining, robots, or similar data gathering and extraction tools. The Company reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) in the Site and the App.

Sellers must ensure that each link to the Site posted or maintained on any location by the Sellers, conveys users directly to the Site, without displaying or performing any other advertisement, promotion or content. Except for the Seller's terms and conditions of sale, Sellers must not include any links in any page of the Site or of the App, except where such links convey users directly to another location on the Site an/or the App, without displaying or performing any other advertisements, promotions or content.

By listing a product on the App, the Seller represents and warrants to potential Buyers and to the Company that: (i) the Seller is the owner of the product and/or is properly authorised to sell the product by the true owner and is able to transfer good title to the product free from any third party claims, liens or encumbrances; (ii) the listing is accurate, current and complete and is not misleading or otherwise deceptive; (iii) the Seller is validly existing and in good standing under the laws of the state or country in which your business is registered; the product is safe and bears any marking and labelling required under applicable law.

Sellers accept and process returns, refunds and adjustments in accordance with their own return and refund policy which must be included in the Sellers' terms and conditions of sale and that shall be always made available to Buyers. Sellers will promptly provide refunds and adjustments that are obligated to provide under their Sellers' terms and conditions of sale and as required by law. In no event shall the Company be held liable for indirect, special, punitive, incidental or consequential damages of any kind whatsoever related to the failure of the Sellers to comply with their own return and refund policy or the Seller's terms and conditions.

Sellers ensure that all content and other information provided to us regarding each product sold on or through the App are of at least the same quality, completeness, and accuracy of the information displayed on the Sellers's website. As a security measure, the Company may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction, disbursement or adjustment, the cumulative value of all transactions, disbursement or adjustment, during a period of time, or the number of transactions per day or other period of time.

Sellers agree to abide by the procedures and guidelines provided by the Company and contained in the specific section of the Site, which are incorporated by reference into, and made part of, this Service Terms and Conditions. The Company may change these procedures and guidelines in the future at its sole discretion.

The amount due and payable to each Seller by the Company shall be the total amount paid by Buyers for the Seller's product ordered on the App, less any fees due to the Company and set forth by the Specific Conditions agreed between the Seller and the Company, and any other amounts owed by Seller to the Company. The amount due shall be paid to the Seller's designated bank account within 30 days from the payment performed by the Buyer.

All notices between the Company and the Sellers will be sent by e-mail or will be posted on the Site. The Company will send notices to the Seller at the e-mail address provided by the Seller. The Sellers will monitor their e-mail messages frequently to ensure awareness of any notices sent by the Company. The Seller will send notices to the Company at the current e-mail address published on the Site. E-mail notices are deemed written notices for all purposes for which written notices may be required.

Data protection
The Company processes personal data of Sellers and Buyers in the manner set out in the Privacy Policy , which is incorporated into these Service Terms and Conditions. By using the Site or the App, Buyers and Sellers consent to the collection and use of their personal data by the Company in the manner set out in the Privacy Policy. Sellers agree not to use any information regarding Buyers that is accessible from the Site or the App, except when this processing is required to enter into and to complete transactions conducted via the App. Sellers agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.

Limitation of liability
THE SITE AND THE APP ARE PROVIDED ON AN "AS IS" BASIS. THE COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE SITE OR THE APP WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS LISTED ON THE APP WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF LISTING, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE COMPANY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL SUCH WARRANTIES.

THE COMPANY IS NEITHER THE BUYER NOR THE SELLER OF THE SELLER'S PRODUCTS. THEREFORE, IF A DISPUTE ARISES BETWEEN A BUYER AND A SELLER, EACH OF THEM RELEASE THE COMPANY FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

TO THE FULLEST EXTENT PERMITTED AT LAW, THE COMPANY WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE SELLING OR BUYING OF ITEMS ON THE APP.

Nothing in these Service Terms and Conditions excludes any liability for death or personal injury to the extent only that it arises as a result of the negligence of the Company, its employees or authorised representatives.

Conditions for buyers
Buyer must pay for a product purchased via the App through the service offered by PayPal at the time of order processing. Buyers shall pay the total amount charged and displayed ad the check out page to the Company PayPal account. Payment conditions and modalities are set by PayPal. We invite you to carefully read the PayPal terms and conditions, before performing the payment.

After the Buyer's payment is confirmed by PayPal on the Company's PayPal account, the Buyer's order is confirmed to the Seller and the Seller is obliged to dispatch the product sold in accordance with the Sellers' terms and conditions of sale. The Buyer will resolve any dispute directly with the Seller.

A payment made by a Buyer in respect of a particular product will not be due or payable to a Seller (or if paid, shall be reimbursed by the Seller to the Company), and the Company will not be liable to the Seller if, the Company, in its sole and absolute discretion, determines that the Seller has breached the provisions of this Service Terms and Conditions, or if the Company discovers the payment is erroneous or relates to a duplicate transaction.

We will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with a Buyer's authorized credit card payment, and Seller will bear all other risk of fraud or loss; provided, that we will not bear the risk of credit card fraud in connection with any of Seller's products that are not fulfilled strictly in accordance with the order information and shipping information that we provide you.

The Company does not currently charge Buyers any fees to use the App but it reserves its right to do so in the future. Buyers must not use the Services or the App in the contravention of any applicable law nor permit or assist others to do so. Buyers must inspect any item purchased from a Seller immediately upon receipt to ensure that it accords with any description given by the Seller in the product's listing and to ensure that the product is safe.

Buyers may suggest or recommend a Seller's product to their friends ("Potential Buyers") through the App - Referral Scheme. In the event Potential Buyers buy said suggested or recommended product through the App:
•Potential Buyers obtain a price reduction as determined by Sellers at their sole discretion, and
•Buyers obtain reward points as determined by Sellers at their sole discretion.

The Company is not involved in determining the price reductions and/or the reward points. Buyers may use the reward points in order to obtain price reductions on products sold through the App. Please read our guidelines and F.A.Q. for further information. Buyers may leave feedback on or rate ("Feedback") Sellers relating to their performance in selling products on the App. Buyers acknowledge and accept that Feedback will be publicly available for viewing on the App. The Company is not responsible for checking or editing the Feedback. Buyers and Sellers consent to the publication and authorise the Company to publish said Feedback even if they are critical or defamatory. Buyers and Sellers release the Company for and waive all rights against the Company in connection with the publication of any defamatory comments about them in such Feedback. When submitting Feedback, Buyers agree to indemnify and hold harmless the Company against any claim or action brought by a third party, arising out of or in connection with any Feedback left by them on the Site or on the App.

Amendments
We reserve the right to make changes to these Service Terms and Conditions at our sole discretion by posting the revised terms on our Site or within the App. Your continued use of the App and/or the Services after any amendment's effective date constitutes your agreement to be bound by it. If any of the conditions of the Service Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Applicable law
These Service Terms and Conditions are governed by the laws of England and Wales and will be interpreted in accordance with the English courts. Without prejudice to the consumer's rights under the applicable law, the English courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these Service Terms and Conditions.

Terms of use, Cookies & your privacy.

Website terms of use

Last revised: 18.01.2017
FlickUp SA, chemin du Pré-Fleuri 3, 1228 Plan-les-Ouates, CHE-483.074.417 (“Company”, "we", "our") operates this website ("Site") subject to the following terms and conditions (“Terms of Use”). By visiting the Site, you accept these Terms of Use.
Your use of the Site is also subject to our Privacy Policy , our Cookie Policy and our Service Terms and Conditions (collectively, "General Terms"). We invite you to read them carefully before using the Site.

Your Access
Subject to your compliance with these Terms of Use and the General Terms, the Company and/or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to access and make personal and non-commercial use of the the Site. This licence does not include any resale or commercial use of the Site or its contents, any collection and use of any product indexing, listings, descriptions or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another professional seller/platform operator; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms of Use or in the General Terms are reserved and retained by the Company or its licensors, suppliers, publishers, rights holders or other content providers.

The Site or any part of the Site cannot be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You cannot frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company without our express written consent. You may not use any meta-tags or any other hidden text utilising the Company's names or trademarks without our express written consent. You may not misuse the the Site and you may use the the Site only as permitted by law and by these Terms of Use. The licences granted by the Company terminate if you do not comply with the law, these Terms of Use and/or the General Terms.

Furthermore, please note that you cannot use the Site:

•in any way that causes, or is likely to cause, the Site, or any access to it, to be interrupted, damaged or impaired in any way;
•for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
•to cause annoyance, inconvenience or anxiety.

Our Services and the Company's Role
The Site allows you to download the Company's application ("App"). Before downloading and using the App, please read the App Terms of Use . The Company allows third party sellers to list and sell their products on the App ("Sellers" or "Seller"). The Company acts as a platform provider to help and facilitate transactions that are carried out on the App. The Company provides a venue for Sellers and buyers to negotiate and complete transactions. The contract formed at the completion of a sale for these products is solely between the buyer (i.e. you, the user of the App) and the Seller.

The Company is not the seller of the products and the sale of products is entirely subject to the sale terms and conditions of the Seller. Seller's terms and conditions are available on the App on individual product pages.

The Company only receives the payment on its PayPal account on behalf of the Seller. The Company is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the Seller's agent. The Seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and Seller.

Our Intellectual Property Rights
All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of the Company or its content suppliers and is protected by national and international copyright laws and intellectual property laws. The compilation of all content included in or made available through the Site is the exclusive property of the Company and is protected by national and international copyright and database laws. You may not extract and/or re-utilise parts of the content of the Site without the express written consent of the Company. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of the Site, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the Site (e.g., our product indexing or listings) without our express written consent.

All content such as graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of the Company. The Company's trademarks may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company.

All other trademarks not owned by the Company that appear in the Site are the property of their respective owners (e.g., the Sellers), who may or may not be affiliated with, connected to, or sponsored by the Company. The Company has obtained a license in order to lawfully display these third parties' trademarks on the Site. Please also note that the Company respects the intellectual property of third parties. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please send us an e-mail at the following address: [email protected] .

Your Account
Only persons age 18 years or older can create accounts. If you are under 18 you may use the the Site only with the involvement of a parent or guardian. If you use the Site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and, to the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can always access and update much of the information you have provided us with, including your account settings, in your account area of the Site. We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Terms of Use or the General Terms.

If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

Please review our Privacy Policy and Cookie Policy to understand our data protection practices and policies related to your account and your use of our services.

Your Contents
Visitors may post reviews, comments and other content, send communications and messages, submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a document or other content. Except when required by the competent authorities, we reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on the Site contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Site, please notify us by sending us an e-mail at the following address: [email protected]

If you post content or submit material, and unless we indicate otherwise, you grant the Company a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. No moral rights are assigned under this provision. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted:

•the content and material is accurate;
•the use of the content and material you supply does not breach any applicable law or policies and will not cause injury to any person or entity (including that the content or material is not defamatory).

You agree to indemnify the Company for all claims brought by a third party against the Company arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content upon notice received from competent authorities.

Limitation of Liability
The Company will do its best to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. In any event, to the maximum extent permitted by applicable law, the Company will not be responsible for:

losses that were not caused by any breach on our part;
any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);
any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the the Site.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights (i.e. consumers' rights). Nothing in these Terms of Use limits or excludes our responsibility that cannot be excluded by law, for fraudulent representations made by us, for death or personal injury caused by our negligence or wilful misconduct.

Amendments
We reserve the right to make changes to the Site, to these Terms of Use, to the General Terms, to the Privacy Policy and the Cookie Policy at any time. You will be subject to the Terms of Use, General Terms, Privacy Policy and Cookie Policy in force at the time that you use the the Site. If any of the condition of the Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Applicable Law
These Terms of Use are governed by the laws of Switzerland and will be interpreted in accordance with the Swiss courts. Without prejudice to the consumer's rights under the applicable law, the Swiss courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these Terms of Use.

Cookie Policy

Last revised: 18.01.2017

FlickUp SA, chemin du Pré-Fleuri 3, 1228 Plan-les-Ouates, CHE-483.074.417 (“Company”, "we", "our") describes with this document ("Cookie Policy") the use of cookies and similar technologies to collect and store information when you visit our website and use our application (collectively “Services”), or receive e-mail from us. For additional information on our privacy practices, please visit our Privacy Policy . Before using our Services, we invite you to read carefully our Website Terms of Use , our App Terms of Use and our Service Terms and Conditions (collectively, "General Terms").

What are Cookies? When you use our Services or open our e-mails, we or an authorized third party may send you a cookie. Cookies are small text files located in your browser directory that may be placed on your device. When a website is accessed, a cookie that is placed on a device will send information to the party that has placed the cookie. Cookies are extremely common and used on a number of websites. Each cookie will typically contain the name of the domain from which the cookie has come, the lifetime of the cookie, and a value, which is usually a unique number.

Cookies allow a website owner to do useful things; for example, a cookie would permit a website owner to find out whether a computer has visited the site previously. In general, the purpose of cookies is to improve the performance of the website and the user’s experience in using that website. Cookies help to make a website work more efficient, enable extra functionality, and provide website owners with additional information about your visit to a website. Cookies also allow a website owner to track overall site usage and determine areas that users prefer. Cookies help make the user’s visit to a website easier by recognizing the user upon return and providing a customized experience. For a more detailed explanation of what cookies are and how they operate, please visit www.aboutcookies.org or www.allaboutcookies.org.

What types of Cookies exist? Our Services may place first party cookies and allow third parties to place cookies on your device. The difference between a first party cookie and a third party cookie relates to the control of the party who serves the cookie. First party cookies are cookies that are specific to the website that created them. Their use enables us to operate an efficient service and to track the patterns of behavior of users of our Services. Third party cookies, on the other hand, are placed on your device by a third party (i.e. not by us). While we may allow third parties access to the Services to place these cookies on users’ devices, we do not retain control over the information supplied by the cookies, nor do we retain access to that data. This information is controlled wholly by that third party in accordance with their respective privacy policy.

Our Services may place session and persistent cookies on your device. Whereas the difference between a first party and third party cookie relates to the party controlling the initial placement of the cookie on your device, the difference between a session and a persistent cookie relates to the length of time the cookie lasts. Session cookies are cookies that typically last for as long as you are using your browser. When you end your browser session, the cookie expires. Persistent cookies, as the name implies, are persistent and will last after you close your browser. This allows a quicker and easier access to our Services.

We use cookies to identify you when you sign-in to our Services; to provide you with product recommendations; to display personalized content and to deliver advertisements, relevant to your interests on our Company and third-party products; to keep track of your specified preferences and items stored in your shopping basket; to conduct research and diagnostics to improve our Services; to prevent fraudulent activity and improve security.

What types of Cookies do we use? Information gathered through usage of a cookie is not linked to any direct personal identifiers (e.g. your name or e-mail address), unless you become our customer. Once you submit personal data through our Services (e.g. by signing up to receive information from us or by placing an order) we may link such personal data with cookies or other data that are associated with your visit to and use of our Services. Before we do so, we will notify you of this fact and seek your consent or grant you a right to object, if required by the law. The following table lists the cookies that we use on our Services.

Name File(s) Explanation Lifespan Opt out
Google Analytics _utma_utmb_utmc_utmz ga.js __utm* Our Services use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transferred to and stored by Google on servers in the United States. Before the transfer this information will be anonymized by removing the last octet of your IP address. Google will process this information on our behalf for the purpose of evaluating your use of the websites, compiling reports on website activity and providing other services relating to website activity and internet usage. Google will not link your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of our Services. Information collected by the Company through use of this cookie includes: number of visitors, referring URLs, and pages visited. For further information, please see: Visit a code.google.com page describing Google Analytics' use of cookies Visit Google's Privacy Overview for Google Analytics _utma and _utmv have a default expiration of 2 years from set/update. _utmb expires 30 minutes from set/update, _utmc expires at the end of the browser session and _utmz expires 6 months from set/update You may opt out of the collection of your usage data (including your IP-address) and the processing of the data by Google by downloading and installing the add-on for your current web browser from the following link: http://tools.google.com/dlpage/gaoptout?hl=en
Google DoubleClick Remarketing cookies: __utm* DoubleClick uses cookies to improve advertising. Some common applications are to target advertising based on what’s relevant to a user, improve reporting on campaign performance, and avoid showing ads the user has already seen. Information collected by the Company through use of this cookie includes your IP address and the pages that you visited. For further information, please see: http://support.google.com/adwords/answer/2549063 _utma and _utmv have a default expiration of 2 years from set/update. _utmb expires 30 minutes from set/update, _utmc expires at the end of the browser session and _utmz expires 6 months from set/update. You can opt-out of the use of DoubleClick's cookies by visiting: goo.gl/SJ9vQD


Disabling, Deleting, or Opting-Out of Cookies

If you do not want to have cookies placed on your device by third parties, many of them offer ways to opt-out. Where possible, we have provided a link in the table above that explains how to opt-out of that third party serving you cookies. In addition, most web browsers allow at least some control of most cookies through browser settings. You may refuse the use of cookies by selecting the appropriate settings on your browser to decline cookies. You may also delete existing cookies through your browser. Please visit the following websites to learn more: Firefox, Internet Explorer, Google Chrome and Safari.

However, please note that if you disable cookies, you may not be able to use the full functionality of our Services. In particular, you may have limited access to some areas.

Similar Technologies
There are other technologies that perform a similar function to cookies. These include web beacons and clear gifs. These are often used in conjunction with cookies to help a website owner understand its users better. When we send you newsletters or other messages we use these technologies as follows so that we can track e-mail open and click rates. In order to determine a user's ability to receive HTML e-mail in addition to whether or not an e-mail has been opened, we include a web beacon in the majority of HTML e-mail messages we send. A web beacon (actually a small .gif image) is activated when an HTML e-mail is opened via a request for the image on our servers. This capability helps the Company to send e-mail in a format that users can read and enables us to track the aggregate number of e-mails opened. The web beacon does not collect any personal data. Users that do not want to receive e-mail messages with web beacons can choose to receive their e-mails in text (non-HTML) format.

Contact us
For further information on our use of cookies and similar technologies, please contact us: FlickUp SA, chemin du Pré-Fleuri 3, 1228 Plan-les-Ouates, CHE-483.074.417 [email protected]

Privacy Policy

Last revised: 18.01.2017

FlickUp SA, chemin du Pré-Fleuri 3, 1228 Plan-les-Ouates, CHE-483.074.417 (“Company”, "we", "us", "our") describes with this document ("Privacy Policy") the data handling practices carried out in connection with its website and its application (collectively “Services”). Please do not use the Services if you are below the age of 18 and/or disagree with any of our data handling practices described herein. Before using our Services, we invite you to read carefully our Website Terms of Use , our App Terms of Use and our Service Terms and Conditions (collectively, "General Terms").

Definitions
“Personal data” means any information that is attributed or attributable to you as the user of the Services, irrespective of whether such information was entered by you, collected from you or otherwise obtained by us. “Handling” of personal data means the collection, processing and/or use of personal data. “Collection” of personal data means the acquisition of personal data by whatever means. “Processing” of personal data means the recording, alteration, transfer, blocking or erasure of personal data. “Use” of personal data means any handling of personal data that is not a collection or processing.

Data Controller
The responsible data controller for any personal data collected, processed and used in connection with the Services is FlickUp SA 3,Chemin du Pré Fleuri, Plan-Les-Ouates, CH-1228 Geneva, Switzerland, Registration number: CHE-483.074.417, [email protected]

Types of data
In addition to any other personal data that you enter on our Services (e.g. when you fill in a form) or otherwise actively provide to us (e.g. when you send an e-mail to our customer support service), we may collect the following types of personal data when you use our Services:

  •Your name, title and address;
•Your personal contact information (phone, e-mail, fax, etc.);
•Name, address, department, contact information and other information in relation to a company that you represent (if any) and your function within such company;
•Your login name and your password;
•Your account number and other user profile information;
•Your preferences (e.g. preferred language settings);
•Your IP address, operating system, browser type, browser version, browser configuration, name of internet service provider, and other types of computer and connection related information relevant to identifying your type of device, connecting to the Services, enabling data exchange with you and your device, and ensuring a convenient use of the Services;
•URL and IP address of the Services from which you accessed our Services, including date and time;
•Your subpages visited while on our Services and your links followed on the Services, including date and time;
•The full Uniform Resource Locator (URL) click stream to, through and from the Services, including date and time;
•Your data on mobile activity through use of our Services, such as your location, mobile device type, and mobile capabilities;
•Your social media information, such as your contact information, e-mail address, friend information, friends and pages with whom you have an association, and other information stored within social media, when you interact with our Services within social media;
•Your service requests and orders placed;
•Your open and completed transactions;
•Your search terms entered;
•Your services/products viewed or searched for on the Services;
•HTTP header information from client-side tracking objects, your device, and our server logs;
•Your payment information;
•Information collected by cookies or similar technologies (as described in our Cookie Policy , you may configure your browser to accept cookies or reject cookie);
•Your newsletter subscriptions, enrolment for promotions, use of special offers, etc.;
•Your consents, authorizations, etc.;
•Your survey answers, reviews, ratings and other types of feedback provided;
•Content of any of your communication sent through the Services, including any information posted in social communities on the Services or otherwise shared with us and/or other users, as well as chat messages and chat transcripts;
•Information on software downloaded from the Services;
•Any other information that you actively enter on, or upload to, the Services (e.g. content that you fill into an online form, a photo that you upload).

Purposes
We handle your personal data for the following purposes:

•To administer, operate, maintain and improve the Services;
•To facilitate and process product and service orders placed on the Services;
•To answer your questions and respond to your requests;
•To provide you with information about products and services that may be of interest to you;
•To evaluate your eligibility for certain types of offers, products or services;
•To communicate with you on other matters (e.g. to send you reminders, technical notices, updates, security alerts, support and administrative messages or service bulletins);
•To provide you with a personalized experience of our Services (e.g. by tailoring content or offers to your individual preferences);
•To help us to improve and personalize the Services, our products and services;
•To perform analytics and conduct customer research, including general market research or surveying our customers' needs and opinions on specific issues, generating sales and traffic patterns, and to analyze advertising effectiveness, both on an anonymous basis (e.g. by aggregating data) and on an individual basis;
•To administer rewards, surveys, sweepstakes, contests, or other promotional activities or events;
•For other purposes that you have specifically agreed to;
•To comply with legal obligations, prevent unlawful uses of the Services, resolve disputes, and enforce our agreements;
•Otherwise as permitted by applicable law.

  Data Recipients
We may share your personal data with third parties, if required or permitted by the law or if you have granted your consent. Whenever sharing personal data, we do so only in strict accordance with applicable laws. Please note that if such a third party is located outside of the European Union (EU) in a country that is not recognized by the European Commission as ensuring an adequate level of data protection, then we will take appropriate measures to ensure that the third party adduces adequate safeguards to your personal data. By using our Services and accepting our Privacy Policy, you consent to the transfer of your personal data outside the EU. Potential recipients of your personal data are listed in the following:

Other Company group entities and business partners. We may share your personal data with other entities of the Company group of companies and with our business partners if there is a legitimate reason to do so.

Third party service providers. We may employ third party service providers (i.e. companies or individuals engaged by us) to perform certain functions on our behalf and under our instructions (e.g. database management, maintenance services, web analytics, handling in-bound inquiries, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing sales and marketing assistance, processing credit card payments, and providing customer service). Third party service providers may for instance include IT companies, credit card processors, credit rating agencies or legal, financial and other advisors. We require that our third party service providers implement and maintain security measures to protect the confidentiality and security of the personal data you provide to us.

Other users of the Services. If you use posting, chat, messaging or other interactive functions provided on our Services, you may disclose your personal data to other users of the Services to the extent required in the context of such functions.

Courts and public authorities. We may share personal data with courts and public authorities when we believe it necessary to comply with the law, to protect the rights or safety of our the Services, other users, or third parties (e.g. for fraud protection and credit risk reduction purposes; for protecting and defending the rights or property of the Company, its customers, other users, or member of the public). Without limitation, this may include cases in which we are required to share personal data by the law or binding order of courts, law enforcement authorities or regulators. Should we decide to disclose personal data in such context we will also consider ways of reducing the scope of the disclosure.

Buyers. As we continue to develop our business, we might sell all or parts of our Services or business. If the Company becomes involved in a transaction involving the sale of its assets, such as a merger or acquisition, or if the Company is transferred to another company, user information generally is one of the transferred business assets, but remains subject to the promises made in this Privacy Policy, unless you consent otherwise.

Security and data retention
We understand the importance of data security and we want your user experience with us to be as safe as possible. We have implemented reasonable safeguards and precautions to protect your personal data, including technical and organizational measures against unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss. We store the information in a database in a secured environment at our data centers. We kindly ask you to understand that we cannot disclose further details of our security measures publicly since this might expose your data and our Services to unnecessary risk. Please understand that, while we strive to protect your personal data against potential risks and exposures, there is no absolute security in the online sphere. Hence, we ask you to support our security efforts by not disclosing any personal data that is particularly sensitive and not required for your use of the Services. Moreover, it is important for you to protect against unauthorized access to your password and to your computer. Indeed, be sure to sign off when you finish using a shared computer.Your personal data is not retained by us for longer than necessary for the legally permissible purposes for which they were collected, as required under applicable retention policies and/or as required or permitted in accordance with applicable law.

User-Generated Content
Some areas of the Services allow you to provide content to us (e.g. comments, reviews, etc.). If you use said areas of the Services, please be aware that any information you submit in these areas can be read, collected, or otherwise used by anyone who visits or uses the Services. Please do not submit any information that is confidential, that you want to exclude from being seen, copied and disseminated by others, that may infringe another person’s rights, or that may violate the law. To request removal of your personal data from our Services, contact us at the following address: [email protected] In some cases, we may be unable to follow your request for legal reasons or for technical reasons, in which case we will let you know if we are unable to do so and why (unless such notice would be unlawful). Please also be aware that the information may still be accessible to others even after its removal from our Services (e.g. where other persons have previously copied the information).

Privacy Choices
You have a variety of choices regarding which personal data we may collect process and use about you and for which purposes. Some of these choices include the following:

You may use the Services and its functions and features anonymously, unless where it is strictly necessary to identify you (e.g. to make an order). You can choose not to provide certain personal data at all, in particular where we seek your consent for the collection of information. You may at any time withdraw any privacy consent provided in the past with future effect and/or use our newsletter opt-out features and other features to unsubscribe.
You may at any time object to further uses of your personal data for marketing purposes.
You have all rights to access your personal data, or to request that your personal data be rectified, deleted or blocked, as provided by applicable law.

Links
Services may contain links to websites not affiliated with us. Your use of an external website or any information or other content found on an external website is subject to and governed only by the terms and conditions and the privacy policy of such website. The Company does not endorse or make any representations or warranties concerning, and will not in any way be liable for any information, content, products, services, software, or other materials available on or through an external website. The Company is not responsible for the privacy practices of any external website.

Changes
If we make any changes to this Privacy Policy, we will notify our members and users via e-mail or by posting the changes on our Services prior to the change becoming effective. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.

  Contact Us
For further information on our data handling practices, please contact us:  FlickUp SA 3,Chemin du Pré Fleuri, Plan-Les-Ouates, CH-1228 Geneva, Switzerland, Registration number: CHE-483.074.417, [email protected]