Terms of Service
STATEMENT OF UNDERSTANDING
The following Terms of Service were created by Fluid Tech, Inc. the SaaS provider appointed as agent and acting as agent on behalf of New Age Live Healthy (Pty) Ltd. Fluid Tech Inc. is not responsible and cannot be held liable for any of the content posted on our Website https://www.fluid.app (the “Website”) by New Age Live Healthy (Pty) Ltd.
Fluid Tech Inc. is not involved in the giveaways, products, media comments or promises made on the Website..
The terms and conditions pertaining to the giveaways can be found on the Website.
AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of any entity (“you
”) and Fluid Tech Inc doing business as Fluid (“Fluid
”, or “our
”), concerning your access to and use of the https://www.fluid.app
Website as well as any other media form, media channel, mobile Website or mobile application related linked or otherwise connected thereto (collectively, the “Website
”). You agree that by accessing the Website, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make any changes by updating the “Last Updated” date of these Terms of Service, and you waive any rights to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Website after the date such revised Terms of Service are posted.
The information provided on the Website is not intended for distribution by or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Website is not tailored to comply with any industry specific regulations (Health Insurance Portability and Accountability act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Website. You may not use the Website in a way that would violate the Graham – leech – Bliley act (GLBA).
The Website is Intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Website.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website is our proprietary property and source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us and licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Website and no Content or Marks maybe copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, and encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to wish you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
By using the Website, you represent and warrant that; (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and properly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website; (6) you will not access the Website through automated or non-human memes, whether through a bot, script, or otherwise; (7) you will not use the Website for any illegal or an authorised purpose; and (8) your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You may be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change your username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As the use of the Website, you agree not to:
1. Systematically retrieve data or other content from the start to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security related features of the Website, including features that prevent or restrict the use or copying of any Content or enforced limitations on the use of the Website and/or the content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
5. Use any information obtained from the Website in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Website in a manner inconsistent with any applicable laws or regulations.
8. Use the Website to advertise or offer to sell goods and services.
9. Engage in unauthorised framing of or linking to the Website.
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and standing (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interfere with the use, features, functions, operation, or maintenance of the Website.
11. Engage in any automated use of the system, such as using scrips to extend comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or otherwise transfer your profile.
15. Upload or transmits (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics Interchange format (“gifs”), 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection” mechanisms “pcms”).
16. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
18. Attempt to bypass any features of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or off-line reader that accesses the Website, or using or launching any on authorised script or other software.
22. Use a buying agent or purchasing agent to make purchases on the Website.
23. Make any unauthorised use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
24. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue generating endeavour or commercial enterprise.
USER GENERATED CONTRIBUTIONS
The Website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and they provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or podcast content and materials to us or the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other uses of the Website and free third-party Websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patents, trademarks, trade secrets, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms of Service.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website in these Terms of Service.
4. Your Contributions are not false, in accurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploit people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Website in violation of the foregoing violate these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Website.
By posting your Contributions to any part of the Website or making Contributions accessible to the Website by linking your account from the Website to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty free, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply for any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, or franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You are taking full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contribution provided by you in any area on the Website. You are solely responsible for your Contributions to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Website; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Website to leave reviews all ratings. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with a person or entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether negative or positive.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any reviews or for any claims, liabilities, or losses, resulting from any review. By posting a review you hereby grant to us a perpetual, non-exclusive, worldwide, royalty free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
If you access the Website via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensor of the application; (5) use the application for any revenue generating endeavour, commercial enterprise or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any Website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
APPLE AND ANDROID DEVICES
The following terms apply when you use a mobile application obtained from either the Apple Store or Google play (each an “App Distributor”) to access the Website: (1) the license granted to you for your mobile application is limited to a non-transferable license to use the application on a device that utilises the Apple iOS or android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by law, the App Distributor will have no other warranty obligations whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designed by the US government as a terrorist supporting country and (ii) you are not listed as a US government list of prohibited all restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors or third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and condition in this mobile application license contained in his terms of service against you as a third party beneficiary thereof.
As part of the functionality of the Website, you may link your account with online accounts you may have with third-party service providers (each such accounts, a “Third-party Account”) by either: (1) providing your Third-party Account login information through the Website; or (2) allowing us to access your Third-party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-party Account. You represent and warrant that you are entitled to disclose your Third-party Account login information to us and/or grant access to your Third-party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-party Account, and without obligating us to pay any fees for making us the subject to any usage limitations imposed by the third-party service provider of the Third-party Account. By granting us access to any Third-party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-party Account additional information to the extent you are notified when you link your account with the Third-party Account. Depending on the Third-party Accounts you choose and subject to the privacy settings that you have set in such Third-party Accounts, personally identifiable information that you post to your Third-party Accounts may be available on and through your account on the Website. Please note that if a Third-party Account or associated service becomes unavailable or access to such Third-party Account is terminated by third-party service provider, then the Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third-party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts you have also registered to use the Website. You can deactivate the connection between the Website and your Third-party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that are obtained through such Third-party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website (“Submissions”) provided by us are not confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby wave all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Website may contain (or you may be sent via the Website) links to other Websites (“Third-party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-party Content”). Such Third-party Websites and Third-party Content are not investigated, monitoring, or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third-party Websites accessed through the Website or Third-party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of all contained in the Third-party Websites or Third-party Content. Inclusion of, and linking to, or permitting the use or installation of any Third-party Website or any Third-party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-party Website or to use or install any Third-party Content, you do so at your own risk and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies including privacy and data gathering practices of any Website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-party Websites will be through other Websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third-party. You agree that we do not endorse the products or services offered on Third-party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-party Content or any contact with Third-party Websites.
We reserve the right to, but not the obligation, to: (1) monitor the Website for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates laws or these Terms of Service, including without limitation, reporting such user to law-enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or in any way burdensome to our systems; and (5) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate of the proper functioning of the Website.
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the stated party. In addition to terminating or suspending your account we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website at any time for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Website.
We cannot guarantee the Website will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
Since the Website is hosted in the united States, these Terms of Service and your use of the Website is governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and to be entirely performed with in the state of Utah, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Utah, and the Parties hereby consent to and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on contracts for the international sale of goods and the uniform computer information transaction act (UCITA) are excluded from these Terms of Service. In no eventual any claim, action, proceeding brought by either Party related in any way to the Website be commenced more than one (1) yours after the cause of action arose.
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREED THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED THAT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIAL, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND ALL FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION RO OF FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE OF WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT AND TOOLS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US DATA LAWS AND INTERNATIONAL AWARDS DO NOT ALLOWE LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE RULES APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold Us harmless, including our subsidiaries, affiliate’s, and all of our respective officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to and arising out of: (1) your Contributions; (2) use of the Website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act towards any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right to, at your expense, assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceedings which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all your data that you transmit or that relate to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any rights of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction except where specifically required for legal validity which require an original signature or delivery or attention of non-electronic records, or to payments or the granting of credit by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactory resolved, you can contact the Compliance Assistance Unit of the Division of Customer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N112, Sacramento, California 95834 or by telephone at (800) 952–5210 or (916) 445–1254.
These Terms of Service and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or reinforce any right or position of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint-venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all the defences you may have based on the electronic form of these Terms of Service and the lack of signing by the Parties hereto to execute these Terms of Service.
In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:
Fluid Tech, Inc.
898 S. State Street, Ste310 #200
Orem, UT 84058
CAMPAIGN COMPETITION RULES
CAMPAIGN NAME: THE NEWAGE AFRICA “JOIN THE HYPE” GIVEAWAY (the “Giveaway”)
1. This Giveaway campaign is conducted from the Fluid Website (the “Website”) by Fluid Tech, Inc. the SaaS provider appointed as agent and acting as agent on behalf of NewAge Live Healthy (Pty) Ltd (the “Campaign Owner”).
2. This Giveaway shall be in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008, and shall be.
3. Giveaway Period
The Giveaway runs from 1 May 2021 until further notice, both dates inclusive (the “Giveaway Period”). The notice of termination of the Giveaway will be within the Campaign Owner’s sole discretion and will be published on the Website. Who Can Enter
You are entitled to participate in this Giveaway if you are a natural person 18 years or older, who is resident in South Africa, Namibia, Botswana or Nigeria and if you have registered on the Website. The Campaign Owner reserves the right, at any time, to verify the validity of participants (including but not limited to a participant’s identity, and age) and to reject any participant who has not complied with these Rules. Errors and omission may be accepted at the Campaign Owner’s sole discretion. Failure by the Campaign Owner to enforce any of its rights at any stage does not constitute a waiver of those rights.
4. Winner draw
4.1. The Giveaway will have 4 divisions in which entrants will participate automatically and concurrently (each division called a “Club”), and entrants will participate or not in each Club depending on entrants meeting the particular participation criteria for each Club.
4.2. Draws will take place weekly, 1 (one) draw per Club, on a date and time announced by the Campaign Owner and published on the Website.
4.3. The 1 (one) weekly winner per Club will be chosen randomly. We use a secure unalterable third party software platform to generate our Giveaway winner (the “Winner”).
4.4. The Prize will be couriered to each winner so your delivery address detail will be required to fulfil the delivery. The delivery will be completed by a third party courier service instructed by the Campaign Owner.
4.5. Should the Giveaway draw be postponed, a decision which will be in the sole discretion of the Campaign Owner, to another date for any reason whatsoever, the new draw date will be published on the Website within 1 (one) day after the original weekly draw date. The random entry drawn will be generated by the secure unalterable third party software platform from the entries that meet the Giveaway’s qualifying criteria and if so that entrant drawn will be the Giveaway Winner, subject to the Campaign Owner being able to contact that Winner. If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria. The Winner will be notified by the Campaign Owner’s Marketing Coordinator within 48 (forty eight) hours of the random draw taking place. The Campaign Owner will attempt contact with the Winner at least 3 (three) times, but if the Campaign Owner is unable to contact the Winner within 2 (two) days after the first attempt, through no fault of the Campaign Owner, the prize will be awarded to the next eligible Winner. The Winner will be announced on the Website.
5. The Winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.
6. The prize is exclusively for the benefit of the Winner and is neither transferable nor exchangeable for cash or otherwise.
7. In as far as it may be applicable, any taxes of any nature whatsoever (with the exclusion of VAT) becoming due and payable in lieu of the prize being awarded to the Winner will be the liability of the Winner to pay. The Campaign Owner will in no way be or become liable for said taxes.
8. The Winner will be required to complete a declaration acknowledging receipt of the prize and that he/she is not connected to the Campaign Owner as stipulated in clause 4 above.
9. The Campaign Owner reserves the right to amend, modify, cancel or withdraw any aspect of this Giveaway in its sole discretion at any time without prior notice or liability. The Campaign Owner cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Giveaway agree that the Campaign Owner will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the prize, or from participation in this Giveaway.
10. The laws of the Republic of South Africa govern this Giveaway. If any provision or part of these Giveaway rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these rules shall remain in force. Any violation of these Giveaway rules will result in the immediate disqualification of the transgressing participant from the Giveaway.
11. The Campaign Owners decision is final, and no correspondence will be entered into. This Giveaway is in no way sponsored, endorsed or administered by/or associated with Fluid Inc.
12. No liability shall lie on the Campaign Owner in favour of any participant, winner (s) and/or third party arising from such cancellation, suspension or termination. Therefore the participant waives his/her right which they may have against the Campaign Owner and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Campaign Owner.
13. By entering into any competition, you consent to the Campaign Owner sending you promotional material during and after the promotion period, in accordance with the Protection of Personal Information Act and the Website’s Privacy Provisions.
14. Participants in this weekly Giveaway are voluntarily and with consent providing their personal information to the Campaign Owner, its associated agencies and the third party service providers running the promotion in conjunction with the Campaign Owner.
16. Once you have been selected as a Winner (and congratulations by the way!) in any of the Clubs, you may continue participating, but will not be eligible to the weekly draw for a period of 30 (thirty) calendar days in the Club in which you have been a Winner.
17. By participating in this Giveaway, you agree to all the Giveaway Rules set out above, without exception.