FLOPSTER portal – CUSTOMER TERMS OF USE FOR WEBSITE AND APPLICATIONS

1. ABOUT THESE TERMS

1.1 Any person who downloads or uses the Platform (a “User”) must be at least 18 years old to register for an account on the Platform. By registering for an account, you warrant that you are at least 18 years old.

1.2 You should read these Terms carefully before accessing the Platform or using the services (the “Services”) we are providing. In continuing to access the Platform after consenting to these terms, or otherwise indicating your consent, you agree to be bound by these Terms. If you do not accept these Terms, you should stop using the Platform and any Services immediately.

1.3 We seek to make the Platform as accessible as possible. If you have any difficulties using the Platform, or if you have any questions, please contact us by email at hello@flopster.com.

2.  ABOUT US

2.1 The Platform is operated by Flopster Portal, a sole establishment registered in the Emirate of Dubai, UAE with license number 839373 and registered office, Dubai, United Arab Emirates (“Flopster”).

2.2 Flopster aims to build, and grow a community of connected local pet lovers in the United Arab Emirates, and for this purpose it has created the Platform to allows Users to search for pet-friendly establishments around them.

2.3 The Platform features a variety of local registered and licenced cafes/restaurants, parks and beaches, veterinary clinics, stores and accommodations, boarding and day care facilities, groomers, animal rescue centres and other businesses that are known to be welcoming to pets and their owners (each, a “Venue”) which advertise and offer its services to Users.

2.4 Users can now add new venues to the app, add reviews and share the app with their pet-loving friends directly from the app settings, contributing to and growing the Flopster community.

2.5 Users can still take advantage of the offers, deals and discounts that venues offer to the app’s users.

3. SERVICES

3.1 The Service primarily consists of access to our Platform; an online space for pet-lovers and pet-owners to connect with businesses that provide pet-related or pet-friendly services (“Venues”).

3.2 The Service includes various services, tools and facilities that are accessible on the Platform, including:

  • access to a searchable database of Venues 
  • creation of a user profile (“Profile”), with information about you and your pet/s.

4. FEES FOR ADDITIONAL SERVICES

4.1 The Services are free of charge, but Flopster may offer additional services, gift vouchers or upgraded registration (collectively, “Paid Services”).

4.2 The fees for the Paid Services may be charged on a recurring basis or an as-used basis (in either case, the “Paid Service Fees”).

4.3 You agree to pay all Paid Service Fees as notified to you prior to purchasing. Unless you are advised otherwise:

  • Fees are based on the Additional Services subscribed to or purchased and not actual usage;
  • Fees paid are non-refundable; and
  • Quantities purchased cannot be decreased during the relevant subscription term.

4.4 Paid Service Fees may be paid by debit card, credit card or by bank transfer to our nominated bank account. If you link a debit or credit card to your User account, you authorise us or our bank to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card.

4.5 You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.

4.6 If you have sent or received a Flopster gift voucher, it may contain additional terms of use that shall be binding (in addition to these Terms).

5. Data Privacy and Personal Information

5.1 We keep your credentials (username and password) encrypted and safe in our database and will not share your password to any third-party.

5.2 We may collect certain transactional data and information about Users, their pets and/or their activities as a result of their use of our Service. Such information may be shared with data service providers or other third parties for analysis and reporting on industry trends, or shared with our commercial sponsors who may wish to reach out to Users to offer pet-related promotions.

5.3 Any personal information that you provide to us will be dealt with in line with our Privacy Policy (available at www.flopster.com) which explains:

  • what personal information we collect from you, 
  • how and why we collect, store, use and share such information
  • your rights in relation to your personal information; and 
  • how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

6. USER CONTENT

6.1 Any material or content (including, but not limited to, text, images, audio or other multimedia content or other information or material submitted to or on the Platform) you upload to the Platform (“User Content”) or data that we collect shall be considered as non-confidential and non-propriety.

6.2 User Content must:

  • be accurate, up-to-date and not misleading in all respects;
  • comply with applicable law in any country from which it is posted;
  • not be defamatory or likely to give rise to an allegation of defamation;
  • not be offensive, obscene, hateful or inflammatory, sexually explicit, discriminatory or deceptive;
  • not be likely to cause offence, embarrassment or annoyance to others; and
  • not infringe any Intellectual Property Rights of any third party.

6.3 You acknowledge that we have the right to use, copy, distribute, sell and disclose User Content or data in the provision of the Services or otherwise to third parties for any reason related to our business.

7. OwnERShip, USe and Intellectual Property Rights

7.1 In these Terms, “Intellectual Property Rights” means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

7.2 The Platform and the Services, and all Intellectual Property Rights contained therein (including, but not limited to, material or content on the Platform such as text, images, audio or other multimedia content or other information or material), are owned by Flopster.

7.3 We  reserve all of our rights in any Intellectual Property Rights in connection with these Terms.

7.4 Nothing in these Terms grants you any legal rights to the Platform other than those necessary to enable you to access the Platform and receive the Services.

7.5 The terms: ‘Flopster’, ‘WherePetLoversMeet’, ‘The Flopsters’,  ‘TheFlopsters’, ‘Flopster Verified’, ‘Flopstering’, ‘MeetPetLovers’, ‘Meet Pet Lovers’, ‘Where Pet Lovers Meet’, ‘Verified by Flopster’ and the Flopster logo are trademarks of Flopster. Other trademarks and trade names may also be used on the Platform. The use of any trademarks on the Platform is strictly prohibited unless you have our prior written permission.

8. Restrictions on Use

8.1 You may only use the Platform and our Services for lawful purposes. You may not use our Platform and our Services in any manner which may directly or indirectly breach any law or regulation applicable to you or us.

8.2 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Arab Emirates and with all local laws and rules regarding acceptable use of and conduct on the Internet.

8.3 In the event that you breach these Terms, or any applicable law, we reserve the right to amend, suspend or remove your access to the Platform without notice to you.

8.4 The Platform is intended for use only by those who can access it from within the UAE. If you choose to access the Platform from locations outside the UAE, you are responsible for complying with local laws and regulations where they are applicable.

8.5 Flopster reserves the right to decline the registration of dangerous or aggressive dog breeds on the Platform.

8.6 You must not include any contact details (including phone number, address or email address) in your Profile. We reserve the right to amend or delete your Profile to remove such information.

8.7 As a condition of your use, you agree not to use the Platform and our Services for any of the following:

  • any purpose that is unlawful under any applicable law or prohibited by these Terms;
  • to commit any act of fraud;
  • to distribute viruses or malware or other similar harmful software code;
  • unsolicited advertising or sending spam communications;
  • to promote any unlawful or harmful activity;
  • to simulate communications from us or another service or entity in order to collect identity information, authentication credentials or other information (phishing);
  • in any manner that disrupts the operation of our business or the Platform or the business of any other entity;
  • to adjust, to try to circumvent or delete any notices contained on the Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Platform;
  • to represent or suggest that we endorse any other business, product or service, unless we have separately agreed to do so in writing;
  • to gain unauthorised access to or use of computers, data, systems, accounts or networks; 
  • to create more than one account with conflicting information; or
  • to attempt to circumvent password or user authentication methods.

8.8 If you have concerns about your password, account details, or are suspicious about any unauthorised use of your account, you should contact us immediately so that we can protect, suspend or deactivate your account.

8.9 You agree that you are solely responsible for:

  • all costs and expenses you may incur in relation to your use of the Platform; and 
  • keeping your password and other account details (if required) confidential.

9. Accuracy of information

9.1 While we try to make sure that the Platform is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Platform or any Service will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform or pursuant to the Service is at your own risk.

9.2 Content on the Platform is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

10.   Availability

10.1 Whilst we try to make sure that the Platform is available for your use, we do not promise that they are available at all times nor do we promise the uninterrupted use by you of the Platform or any Service.

10.2 We may suspend or terminate operation of the Platform or any Service at any time as we see fit and without notice to you.

11. CONFIDENTIALITY

11.1 In this clause, ‘confidential information’ means any information not in the public domain gained through use of the Service, including Flopster’s pricing and business model, these Terms, general information relating to Flopster’s business, and User Content submitted by other Users.

11.2 Users may not disclose any of Flopster’s confidential information to any third party, nor publish it in any form of media, including online, print or social media.

11.3 Disclosure of confidential information may be permissible if: required by a court or a regulatory authority; or consented to in writing by Flopster.

11.4 The confidentiality obligations in this clause shall continue during your use of the Services and for a period of three years thereafter.

12.   Third party Websites

12.1 The Platform may include links to third party websites that are controlled and maintained by others. Any such link is not an endorsement of such websites and you acknowledge and agree that Flopster is not responsible for the content or availability of any such websites.

13. Liability

13.1 We endeavour to ensure the accuracy of the Platform and our Services. However, we shall not be liable for any errors or omissions in relation to any content, or the availability or functionality, of the Platform or our Services. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you or any third party.

13.2 Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Website, the App or our Services (including any website linked to our Platform and materials posted therein).

13.3 You agree that by using Flopster or any of its services or related services, directly or indirectly release us from any physical or non-physical damage of yourself or the pet/s, whether it happened during a visit to a Venue or elsewhere.

13.4 We accept no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, the actions of Venues or other Users, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

14. Cookies

14.1 The Platform will use “cookies” and other information-gathering technologies. Cookies are small text files that may be placed on your device when you use the Platform.

14.2 We use cookies to help us recognise you and your device, and also to store some information about your preferences or past actions. These cookies also allow us to improve our Platform.

14.3 You can opt out of cookies by using your web browser’s cookie settings, however you may lose some of the functionality of the Platform. Most browsers automatically accept cookies, but you can set your browser preferences to refuse them or to alert you when cookies are being sent. In order to disable cookies, please consult your browser’s ‘help’ section for instructions.

15. Variations

15.1 We reserve the right to vary these Terms from time to time.

15.2 If you are unhappy with our Service, please contact us as soon as possible. If we cannot the matter amicably, any dispute arising out of or relating to these Terms or the validity, inducement, or breach hereof, shall be settled exclusively by the courts of the Dubai International Financial Centre, Dubai, UAE (“DIFC”).

16. Dispute RESOLUTION

16.1 If you are unhappy with our Service, please contact us as soon as possible. If we cannot the matter amicably, any dispute arising out of or relating to these Terms or the validity, inducement, or breach hereof, shall be settled exclusively by the courts of the Dubai International Financial Centre, Dubai, UAE (“DIFC”).

16.2 These Terms shall be governed by the law of the DIFC.