GENERAL TERMS AND CONDITIONS FOR THE USE OF THE Flaimway COMMUNITY APP/WEBSITE
1. General Provisions
1.1. GG-ART GmbH (operator of Flaimway Community) is an Austrian stock company, registered in the commercial register of Klagenfurt with its registered office in in Austria, Ossiacher Zeile 39, Villach. (“GG-ART”) who is operating the Flaimway Community application/website (“App”, “Website”, “We” or “Us”).
1.2. The use of the App/Website and its services is subject to these Terms and Conditions (“Terms”). These Terms apply to persons (“User” or “You”) using the App/Website and its services (“Services”) anywhere in the world. Users can use the App/Website to purchase and use a broad range of products/services and recommend products/services to other users. The products and services will be constantly expanded in the future.
1.4. We may translate these Terms into multiple languages. If there is any difference between the English version and any other language version of these Terms, the English version will apply to the extent permitted by applicable laws and regulations.
2. Changes to these Terms
2.1. We may amend the Terms from time to time to reflect changes in law or best practice, or to deal with additional features or services to be introduced. Every time you wish to use the app/website and its services, please check these Terms to ensure you understand these Terms that apply at that time. The current version of our Terms can be accessed at any time via our website www.flaimway.com. These Terms were most recently updated on 01 April 2022.
2.2. Any update, change or replacement of these Terms shall be notified to users via the email address provided during the registration process and/or via a message to your account.
You shall be granted an objection period of fourteen (14) days in the event of a possible change to these Terms. If you do not object within fourteen (14) days after such notification and continue to use the app/website and/or its services after we make any changes to these Terms, you are agreeing to be bound by the revised Terms. If you do not accept any changes to the Terms, you are free to terminate these Terms by deleting your account.
3. Who can use the app/website and its services?
3.1. No one under the age of eighteen (18) years can use the app/website, create an account or use our services. The use of specific services may require additional registration and verification processes, mainly depending on security requirements particularly Know Your Customer (“KYC”) and Anti-Money-Laundering (“AML”) considerations and may change from time to time depending on the legal framework.
3.2. You are aware and accept herewith that we may at our sole discretion decide at which point in time you must deliver copies of passports and any other documents required by law (e.g., company register excerpts, business license, VAT-number, etc.) or equivalent documents for such purpose. If you are using the app/website and its services on behalf of a legal entity (“Company”) you warrant that you are authorized to do so and that you are authorized to bind your company to these Terms.
3.3. Persons and companies located in the United States may currently not use the app/website or any of its services. We may also exclude other countries from our services depending on the local legal framework.
4. Additional Terms and Conditions
4.1. We offer – respectively plan to offer – a diverse range of services, so there are additional terms and conditions from affiliate companies and/or third-party (service) providers that may be applicable to your use of certain services within the app/website (“Additional Terms”). For services of affiliate companies and/or third-party (service) providers, their terms and conditions apply in addition to these Terms. Each third party will notify you in advance of these Additional Terms when applicable. Your acceptance of Additional Terms is a precondition for the use of certain services within the App/Website. If you do not accept these Additional Terms, you will not be able to use certain services offered within the app/website.
5. Changes to, suspend or withdraw the app/website
5.1. From time to time, we may automatically update the app/website to improve performance, enhance functionality, reflect changes to the operating system or address security issues, and/or, change existing services or add new services. Alternatively, we may ask you to update the app for these reasons. If you choose not to install such updates, you may not be able to continue using the app/website and its services.
5.2. We do not guarantee that the app/website or its services will always be available or uninterrupted. We may change, suspend or withdraw or restrict the availability of all or any part of the app/website or the services for business and operational reasons. We will try to give you reasonable notice before we do this.
6. Your Account
6.1. To use the app/website and its services, you must register to create an account (“Account”). You may register directly via the app/website by completing the fields presented to you when the app/website first loads on your device. We will create your account based on the information that you provide to us. Depending on the services you want to use, we may ask you to provide additional information as laid out in the respective registration process.
6.2. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring, or otherwise permitting any other person to access or use your account. Persons interested in using the app/website and its services must register themselves and provide valid and true information as set out in the respective registration process.
6.3. You are responsible for maintaining the confidentiality of your account and password. You shall take all necessary steps to ensure that your password and account information is kept confidential and secure. If you have any reason to believe that your password has become known to someone else, you shall provide us with detailed information.
6.4. Users shall also provide information/inform us of any changes to the data they provided when registering on the Flaimway Community.
7.1. We list products (“Products”) from different Listing Partners (“Listing Partner(s)”) on the app/website. Details to these individual products can be seen on the respective product page (“Product Page”). The app is constantly expanded with new functions and varying product offers. Information on and prices of these products will be provided by the listing partners on the respective product page. However, the actual availability of certain products or product categories is dependent on several factors and not subject to the sole discretion of us. Thus, we do not make any commitments in this context and shall be entitled to make changes to the functions and product range at any time.
7.2. Unless explicitly indicated otherwise, we are neither buyer nor seller of these products. Thus, the contract that is concluded upon the purchase of a product by you is concluded exclusively between you and the listing partner. We are not a listing partner and therefore assume no responsibility for that contract. Furthermore, we are not a representative of listing partners. The listing partner is solely responsible for the sale of its products and/or services. Any complaints on the part of you and all other matters arising from the contract between you and the listing partner do not lie within the responsibility of the app/website. The Terms and Conditions of the respective listing partner apply.
8.1. As a “Sales Partner”, you may also recommend listed products to other users and earn referral fees upon successful recommendations. These recommendations only represent a tip from you to a user for the purchase of products. With the acceptance of the terms and conditions, you confirm as a sales partner, that you are a self-employed taxpayer with all necessary licenses for acting as a sales partner and receiving sales commissions. In this context, you accept herewith that we may at our sole discretion decide at which point in time you must deliver further documents required by law (e.g. VAT number, company register excerpt, business license, etc.). Furthermore, as a sales partner, you are required to accept the respective Terms & Conditions (“Sales Partner Contract”) and Marketing/Career Plan.
8.2. In case of doubt, the business activities carried out by users in this regard shall be deemed to belong to the operation of their company or business. Users undertake to pay any levies or taxes in this regard independently and on their own.
8.3. Users may immediately register as sales partners when creating an account or upgrade their account later by accepting the respective Terms and Conditions.
9. Referral Fee
9.1. A referral fee shall be granted to you upon successfully recommending/selling a product as set out in section 8. of these terms.
Commissions can also be paid out in the form of products (cross-sale price minus commission amount is equivalent). This is at the discretion of the company.
Payments are only to be made if there have been no violations of the Code of Conduct or General Terms and Conditions.
The company can temporarily or completely block payouts if there has been a violation of the Code of Conduct or Terms and Conditions. In the case of serious injuries, claims for damages can also be made.
This regulation takes precedence over any other in this contract.
9.2. You may receive a referral fee for purchases of products by directly recruited users (“Direct Referral”). In addition, you may receive referral fees for product purchases of users, who are recruited by users directly recruited by you and so on. (“Indirect Referral”). Therefore, you may participate in the expansion of a sub-community over several levels. Hence, there may be several of sub-communities. If users acquire several products at the same time, individual referral fees are immediately added together to form an increased referral fee.
9.3. The amount of the referral fee to be paid depends (i) on the individual product(s) purchased by a user and (ii) on which layer of the sub-community the respective user is located. Referral fees shall be set out in accordance with the respective marketing/career plan. This plan will be made available within the app/website. Referral fees are being paid by Flaimway Community based on a commission received from the listing partner. Only then Flaimway is obliged to pay the fee to partners.
9.4. Referral fees shall solely be paid out after the withdrawal period as set out in the General Terms and Conditions has expired and GG-ART received the commission from the respective listing partner. Additionally, the conditions set out in Section 8.1. and 9.5. must be fulfilled.
9.5. Referral fees shall solely be paid out in Euros.
9.6. For the avoidance of doubt, referral fees are net without value-added tax (“VAT”). The calculation and disclosure of VAT amounts regarding referral fees shall be governed by the statutory VAT regulations applicable to the underlying settlement case.
9.7. Referral fees accumulated but not claimed in accordance with Sections 8. and 9. within 12 months after the due date (“Referral Period”) shall automatically expire.
9.8. If you terminate these terms and no longer act as part of the Flaimway Community, further referral fees are excluded.
9.9. The referral fee is paid no earlier than 14 days after delivery of the product to which the fee relates.
10.1. We also offer a tell-a-friend program. A reward (“Reward”) is only granted after a successful referral of a friend (“Referral”). A respective referral code for the tell-a-friend program can be found in your account. A successful referral is completed upon fulfilment of the following conditions:
10.1.1. The Person is at least 18 years old and fully legally competent.
10.1.2. The person has registered at the app/website. The person has purchased a product within 12 months, starting at 0:00 of the day following the day of registration via the app (“Validity Period”). A purchase is only valid within the validity period. Persons having been referred and registered via the app/website, but who did not purchase any product within the validity period, do not count as a successful referral. If one product is purchased by the person within the validity period, the person shall always count as a successful referral. All products purchased by the person shall grant the referring user a reward within the validity period. Within the validity period, you may also receive more than one reward, if persons purchase multiple products via the app/website.
10.1.3. The Tell-A-Friend Program is only available via the app/website.
10.2. Users are obligated to and responsible for using the Tell-A-Friend Program exclusively in accordance with the applicable laws and regulations and in accordance with the rules set out herein.
10.3. Rewards shall be paid out after the withdrawal period as set out in these terms has expired and claimed in accordance with the rules set out in section 9. You acknowledge and accept that we may modify or terminate the tell-a-friend program at any time at our sole discretion.
10.4. The task of sponsors is, among other things,
– Disclosure of product, system, commission, company, promotion, roadshow and other important information
– Education and training of team members
– Sales motivation
– Acquisition of new team members
– Communication with company back office staff
– Positive representation of the company to third parties
The goal should always be a positive presentation of companies and products to sales partners,
customers and outsiders.
In the event of violations, a team leader should be warned. If, despite two warnings within the last 12 weeks (e.g. statements damaging to the company), the latter has not adapted his activities to the General Terms and Conditions, the company can block the sponsor or terminate it forever.
10.5. The reward system for product promotions (road shows, events, direct sales campaigns …) differs from the standard reward/commission system.
During this period, participating sales partners and administrative staff will receive 100% of all commissions generated from promotion/roadshow sales. Promotion costs (hotels, rooms & beverages, transport …) will be paid first and then any excess to the participants.
After campaigns/road shows etc., the standard commission system comes into effect again.
11. Right of Withdrawal
11.1. Unless the contrary is indicated on the product page and/or in the product terms and conditions, Users may withdraw from a purchase contract without giving any reason within 14 days of the date on which the user, or any third party designated by the user, has taken possession of the products purchased or the date on which the agreement is entered into in case of digital content not delivered on a physical medium (“Withdrawal Period”). In the case of service contracts, the withdrawal period shall expire within 14 days of the conclusion of the contract.
11.2. In order to exercise the right of withdrawal, you must send an express declaration (e.g. postal letter or e-mail) to the contact address of the listing partner or use the provided withdrawal form. In order to exercise the right, it is sufficient that you send such a declaration before the expiry of withdrawal period. We may also implement a button for the exercise of the right of withdrawal via the app/website in the future.
11.3. If implemented, users may also send requests for their right of withdrawal to the GG-ART or use a button via the app/website. In such a case we will forward the right of withdrawal to the listing partner. You may use the sample withdrawal form available at www.flaimwaycommunity.com and send it to: firstname.lastname@example.org.
11.4. Users shall return the goods immediately and in any case within 14 days of the day on which the listing partner is notified of the withdrawal of a purchase contract. You have to bear the regular costs of the return shipment.
11.5. If a User withdraws from the purchase contract, the listing partner shall reimburse all payments received from the user including delivery charges within fourteen days (14) from the date on which the listing partner received notice of the withdrawal of the purchase contract. This refund shall be made using the same means of payment used by the user in the original transaction, unless otherwise expressly agreed between the user and the listing partner, in which case the user shall not be charged for this refund. GG-ART is not liable for payments.
11.6. The right of withdrawal shall not exist for the following contracts:
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
Contracts for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery;
Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
Contracts for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract but which cannot be supplied before thirty (30) days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;
Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after the delivery;
Contracts for the delivery of newspapers, magazines or periodicals, with the exception of subscription contracts;
Contracts for the delivery of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
12. Contests and other promotions
12.1. From time to time, we may run contests, promotions, draws and other similar opportunities to win prices on our platform. If you wish to enter these competitions, it is your responsibility to read the terms and conditions applicable to the relevant competition and to ensure that you understand the rules and any eligibility requirements and that you can lawfully enter these competitions in your country of residence.
13. Pricing and Payments
13.1. We may offer paid services within the app/website and may change prices charged for such services from time to time. information on and prices of such services will be indicated by us in the relevant service description. Unless the contrary is indicated in the relevant service description, Section 11. equally applies to your right of withdrawal concerning any paid services offered by us.
13.2. In the event of a price increase or material reduction in the features of a service purchased by you, we will provide you with at least fourteen days (14) notice of the planned changes via a message to your account and/or an email to the then current email address we have for your account. You are not obligated to continue using the app/website after such notice. However, your continued use of your account after the expiration of this fourteen-day period will constitute your consent to the changes to your subscription.
13.3. The payment process is initiated by selecting the preferred payment method. Users can pay via bank transfer or other payment methods displayed. Payment processes from our listing partners may differ from our payment methods.
14. Your Content
14.1. You are solely responsible for your content. We are not responsible for maintaining a backup of your content and recommend that you always keep a backup copy of it. You must ensure that: (a) you have the rights required to copy, process, transmit, access, publish, display and use your content, and grant us and other third parties the rights as set out in these terms; and (b) your content (and our use of your content in accordance with these terms) does not infringe or violate any applicable laws or regulations or the rights of any person.
14.2. We reserve the right to review and delete content that breaches these terms. However, as we do not guarantee to review any content, you remain responsible for any content you upload. You acknowledge that we may not review all content. We are not responsible for any content uploaded by a third party.
15.1. We may include advertising or commercial content within the app/website and its services. You agree that: (i) we may integrate, display, and otherwise communicate advertising or commercial content in the app/website and that (where reasonably practicable) we will identify such advertising or commercial content; and (ii) that we may use targeted advertising to try to make advertising more relevant and valuable to you.
16. Third-Party Service Providers
17. Third-Party Services
18. Third-Party Content and Services
18.1. We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by us, including content provided by our users or by our advertisers. Any reliance on or use of any content on or accessible from the app/website by you is at your own risk. Your use of the app/website does not give you any rights in or to any content you may access or obtain in connection with your use of the app/website and its services.
18.2. We also do not guarantee the quality, reliability or suitability of any third-party services or websites provided, made available, advertised, or linked through the app/website or any of its services and we will bear no responsibility for your use of or relationship with any such third-party services or websites, including any payment obligations or fees that you may incur in your use of such third-party services or websites.
18.3. We may review third-party content or services made available through the app/website to determine whether they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third-party services if they infringe intellectual property rights, are obscene, defamatory, or abusive, violate any rights or pose any risk to the security or performance of the app/website and its services.
18.4. There may be third-party content and/or services on the app/website that are subject to further terms from that third party. You are solely responsible for reviewing and complying with any such third-party terms and conditions. We have the right to remove, at our sole discretion any content and/or services that are made available within the app/website in accordance with these terms.
19. Our Intellectual Property Rights
19.1. All intellectual property rights in the app/website and its services and features throughout the world belong to us (or our licensors) and the rights in the app/website and its services and features are licensed (not sold) to you in accordance with this section. You have no intellectual property rights in, or to, the app/website or services other than the right to use them in accordance with these terms. We may from time to time provide updates to the app/website. Such updates may occur automatically or manually.
19.2. Please note that the app/website and its services may not operate properly or at all if updates or new versions are not installed by you. We do not guarantee that we will provide any updates for the app/website or that such updates will continue to support your device or system. All updates are subject to these terms, except as otherwise specified by us.
20. Obligation of Users
20.1. Users are obligated to and responsible for using the Tell-A-Friend Program exclusively in accordance with the applicable laws and regulations and in accordance with the rules set out herein.
20.2. Users are prohibited from using the app/website for the distribution of immoral and/or illegal information or to infringe rights, in particular trademark, copyright, patent or personality rights and the private sphere, as well as interests of third parties worthy of protection. Users are obliged to comply with copyright, trademark, criminal and youth protection laws when using the app/website.
20.3. Users are prohibited from publishing, disseminating, or sending content that could fall under the criminal offenses of “slander”, “libel”, “defamation”, “damage to credit” or “incitement” when using the app/website.
20.4. Users are prohibited from infringing our intellectual property rights or those of any third party in relation to your use of the app/website or services, including by the submission of any material. You must have the necessary rights to such material that you submit in relation to your use of the app/website or services.
20.5. Users are prohibited to copy, modify, create derivative works, reverse compile, reverse engineer, or extracting source codes from the app/website.
20.6. Users are prohibited from entering into agreements with other users of the Flaimway Community regarding the use of the app/website and the products provided via the app/website. By making recommendations users do not enter into an agreement with the user receiving a product recommendation.
20.7. Users are not permitted to upload or distribute data and content (e.g. viruses, spyware, trojans) or to perform actions that could impair the operation of the Flaimway Community app/website or damage us in any other way. Any use that could lead to a change in the structure of the app/website and the software or program data is prohibited.
20.8. As far as we are legally obliged, we are entitled to access all content and data of Users, to transmit these, if necessary, to courts, authorities, or other third parties or to delete them, in particular in correspondence with legal regulations, as well as judicial or official orders, in addition, for the purpose of safeguarding these terms and conditions, the assertion of a law breaking, as well as the protection of the rights of other users and the public.
20.10. Users are invited to report incorrect data or content to assist GG-ART. Furthermore, users are invited to report all data and content that constitutes a violation of the Terms and Conditions immediately and truthfully. Reports about a violation of the Terms and Conditions or legal provisions will be reviewed by us, as soon as possible.
20.11. We are entitled to reject or remove users that do not comply with these terms.
21. Disclaimer of Warranty and Liability
21.1. We are not liable for the actions of the users. The users undertake to indemnify and hold us harmless in the event of claims by third parties or listing partners, which are attributable to the users and have their legal grounds in the use of the app/website and the purchase contracts.
21.2. We shall not be liable for gross negligence within the framework of the existing statutory provisions, irrespective of the legal basis (pre-contractual, contractual, non-contractual), in case of pecuniary losses. We are also not liable for slight negligence. A liability of the app/website for consequential damages, mere financial losses, lost profit, or damages from claims of third parties is excluded.
21.3. We do not warrant the app/website, or the services will be error free or will operate without disruption or delay or that any information you obtain through the use of the services will be accurate. We are not responsible for the use of the app/website or the services by third parties, or for content uploaded by you or any third party.
21.4. We do not guarantee that the Tell-A-Friend-Program and the app/website is available to the users uninterruptedly, that all data and content are correct, complete, accurate and current or that the Products offered meet the requirements or expectations of the users.
21.5. If we do not object to a violation of the Terms and Conditions or statutory provisions, the assertion of the claims arising from the violation shall not be waived.
22. Termination, Suspension
22.1. You may terminate your account for the use of the app/website at any time by using the respective button in the app/website. The account of the user will be deleted and blocked within 14 days of receipt of the termination request of the user.
22.2. We may terminate accounts of users for the use of the app/website at any time.
22.3. If you have purchased a product, we shall provide access to the app/website at least until the withdrawal period has expired in order to enable you to exercise your right of withdrawal.
22.4. If a sales partner terminates the sales partner contract, the users of the respective sales partner’s sub-community shall either switch to another sub-community or GG-ART takes the role of the sales partner for that sub-community. In this case GG-ART becomes the new sales partner of the respective sub-community. GG-ART may hand the respective sub-community over to another sales partner.
22.5. If GG-ART terminates the sales partner contract, the accounts of the users of the terminated sales partner’s sub-community shall be either terminated immediately pursuant to section 6., switch to another sub-community or get subordinated to GG-ART as sales partner.
22.6. Users shall not be able to switch to another sub-community themselves. If users are interested in switching to another sub-community or if section 22.4. or 22.5. is applicable, GG-ART and the respective user shall agree upon the terms for switching to another sub-community. GG-ART does not guarantee that users switching to another sub-community keep their rewards or referral fees as part of the Tell-A-Friend-Program or Referral-Program.
22.7. If users switch to another sub-community they may not receive the same rewards or referral fees for attracting Users who purchase products since leading partners may customize some of the terms for their sub-community as set out in the career plan.
22.8. If users do not comply with the rules set out herein, they may also be suspended from using the app/website. In this case, the account of the user is temporarily made inaccessible. Such a suspension shall not exceed two weeks.
23.1. Should a provision of these terms and conditions be invalid, contestable or unenforceable, the validity of these terms and conditions shall remain unaffected, provided that this corresponds to the intention of the parties to this terms and conditions as it emerges from the provisions of this terms and conditions in their context. If the user is not a consumer within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, such a provision shall then be replaced by an effective and enforceable provision which has such legal and above all economic content as the invalid one or comes closest to it.
23.2. These terms and any non-contractual obligations arising out of or in relation to it shall be governed by and construed in all respects in accordance with Austrian law, excluding the Austrian conflict of law rules of Austrian international private law.
23.3. All disputes arising out of the platform or related to its violation, termination or nullity shall be brought before the competent court in the corporate matter in Klagenfurt, Austria. If the user is a consumer within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, the place of jurisdiction shall be the place of residence of the consumer.
23.4. The “laesio enormis” is excluded if you are a sales partner.