FlowMagic, Ltd.

Driving Test Confidence

AGREEMENT, TERMS, & CONDITIONS

As listed on the Checkout Cart

And agreed by clients and buyers on the purchase of FlowMagic, Ltd. & Driving Test Confidence materials.

This Agreement is made by clients and buyers who agree to the Agreement, Terms and Conditions when they purchase items from the FlowMagic or Driving Test Confidence websites.

Business Name: FlowMagic Ltd.

Address: 1A Winton Buildings, Ardrossan, UK KA22 8BY

Email: [email protected]

Client: People who purchase from FlowMagic, Ltd., or Driving Test Confidence.

Owner: Molly Murray

Mentor: Molly Murray

Services or Items Provided only included services or items specifically listed on the checkout page of each item, package, or other.

The Client understands that results are not guaranteed. The Client is responsible for implementing the techniques and strategies discussed. The Client is responsible for any possible damage or harm, and agrees not to operate vehicles or heavy machinery while listening to FlowMagic or Driving Test Confidence products, or indeed, until fully awake.

FlowMagic, Ltd., and Driving Test Confidence are not held liable for any results of FlowMagic, Ltd., or Driving Test Confidence Materials, and by checking the box at purchase, the client agrees not to hold FlowMagic, Ltd., or Driving Test Confidence responsible for any results of FlowMagic, Ltd. or Driving Test Confidence materials.

Disclaimer: RTT, FlowMagic, and hypnotherapy are not substitutes for medical or psychiatric treatment.

If the Client has medical or psychological conditions, they should seek appropriate medical or psychiatric care.

The Mentor does not diagnose or treat illnesses or disorders.

FlowMagic, Ltd., reserves the right to ban any member from the community or the product who uses disrespectful or offensive language against any people group, or who makes the Owner feel uncomfortable. This is judged by the Owner's discretion.

Members who engage in harassment of any sort, albeit racial or sexual or other, will be immediately banned.

3. Confidentiality: Both parties agree to maintain confidentiality concerning the content of any materials purchased from FlowMagic, Ltd, or words said during sessions and interactions.

The Mentor will not disclose any information shared by the Client in the membership community, except in the following situations:

When required by law. If the Mentor believes the Client may harm themselves or others.

The client may not copy any FlowMagic, Ltd., or Driving Test Confidence materials, or share these materials outside of the specified client portals.

The client agrees not to drive a vehicle or operate heavy machinery during use of FlowMagic, Ltd., or Driving Test Confidence materials.

4. Item, Material, and Package Form

Items & materials will be accessible in the way that is specificed on the item's unique purchase form.

The Client is responsible for ensuring they have a stable internet connection and a quiet, private space to listen to materials. Any technical issues on the Client’s end will not warrant additional access or materials.

5. Payment and Fees

The total cost for items or packages purchased is listed on the Checkout page of each item or package. Access to items or packages is not ongoing unless specified on the Checkout page of each item or package. Purchase of one item or package does not include access to any other FlowMagic, Ltd. or Driving Test Confidence materials. Access is given depending on the terms stated on the Checkout Page of each item.

7. Refund Policy

Because of the intellectual nature of the content, refunds are not available.

8. Limitation of Liability

The Client acknowledges that mentorship is a comprehensive process that may involve different areas of their life. The Client agrees that their participation is voluntary and assumes full responsibility for any results or outcomes experienced from the items, materials, packages or coaching sessions.

9. Governing Law This Agreement shall be governed by and construed in accordance with the laws of Scotland, and any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts of Scotland.

10. Termination of Agreement Either party may terminate this Agreement by providing written notice. If the Client terminates the agreement, no refunds will be given.

11. Entire Agreement This Agreement is made by clients who agree to the Agreement, Terms, & Conditions when they purchase items, materials, packages, or sessions via FlowMagic, Ltd., or Driving Test Confidence.

AND by Mentor/Owner: Name: Molly Murray

Business Name: FlowMagic Ltd.

Address: 1A Winton Buildings, Ardrossan, UK KA22 8BY

Email: [email protected]

Phone: 07308 077 377 This Agreement constitutes the entire understanding between the Mentor and the Client. Any changes or modifications to this Agreement must be made in writing and signed by both parties. Purchase Terms & Conditions Introduction These Terms of Purchase set out how you (the User) can make purchases from our Site. Please read them carefully. We pride ourselves in providing a high level of customer service and ensuring that you are clear in respect of all of your rights relating to your purchase. Ahead of making any purchase you will be asked to tick a box on our Site which says “I Accept the Terms and Conditions of Sale”. In ticking that box, you will be accepting the terms set out here. We are based in the UK and our Terms of Purchase are governed by UK legislation. We can offer international shipping and our digital documents can be downloaded worldwide. The Terms of Use for our Site and our Privacy Statement can be found on separate pages. It is always our aim that you will be fully satisfied with your purchase. Should you have any questions about your purchase we will be happy to assist. Purchase Terms for the FlowMagic Membership The FlowMagic Membership includes access to pre-recorded meditations, a form of hypnotherapy. By agreeing with these terms & conditions, the customer agrees not to listen to these products and services while in the car or operating heavy machinery, and only to drive after fully waking up. The FlowMagic Membership meditations and community are intended as emotional support materials, and will not be held responsible for any client outcome or behaviour. Membership in The FlowMagic Membership does not include access to any other FlowMagic, Ltc. materials, communities, and does not include access to 1x1 support. The FlowMagic Membership community is a beautiful, safe space, and this safety is guarded. FlowMagic, Ltd., reserves the right to ban any member from the community who treats other members disrespectfully or uses offensive language against any people group. Members who engage in harassment of any sort, albeit racial or sexual or other, will be immediately banned. Purchase Terms for Services The details of each specific service and the terms of delivery associated with it are described on each page of the website and delivered in accordance with these terms. You should review those terms in detail before purchasing. If you purchase as a consumer, rather than a business, then should you change your mind following your purchase you are entitled to a refund within the first 14 days. Should you receive any element of the service prior to requesting a refund then any refund will be issued pro-rata for the services provided. Purchase Terms for the FlowMagic Membership If you would like to purchase one of our customised products you will be able to apply a filter to select the product. Once you have purchased, you will receive a customised email which outlines the products to be used and which is tailored to your needs and desired outcomes. The FlowMagic Membership includes access to 1 pre-recorded meditation every month, access to potential discount codes available only to members of the FlowMagic Membership, and membership in a private Facebook community and Whatsapp community. You may cancel your membership at any time to cancel payment for the upcoming month. Membership in The FlowMagic Membership does not include access to any other FlowMagic materials, or 1x1 support. Refunds are not available for meditations that are already sent out. Once you have made your purchase you will not be entitled to a refund if you change your mind. Your other statutory rights to a refund remain available. Should you consider that you do have grounds for a refund or you have any other questions in respect of your order please email [email protected]. Purchase Terms for Meditations & Digital Downloads We are proud of our products and the results which our clients achieve from them. If you buy pre-recorded meditations and courses you are purchasing access to digital PDF files hosted on a website, which you will receive access to via email automatically once your payment has been processed. you receive this link instantly and you will not be entitled to receive a refund so do check that you are purchasing the correct product or service to meet your needs. Your other statutory rights to a refund remain in place in the usual way. Please be advised that we reserve all rights to our intellectual property for both our customised and non-customised products and services. This means that whilst you are free to use the download digitally or print out a copy for personal use you are not permitted to copy, distribute, adapt, edit or share any of our products with third parties. Should you have any problems with downloading your file or be unable to access the download please email us, placing ‘Tech Query’ in the subject field and send your email to [email protected]. Purchase Terms for Products We have worked hard to create products of high quality. For the individual detail and specification of each product, please see the product description which accompanies each product listing. Please note that we take all reasonable steps and care to ensure that all details, product descriptions and prices of products are accurate. Although we aim to keep this Site as up-to-date as possible, the information available on the Site may not reflect the availability position at exactly the moment you place an order. Images of products on our Site are for illustrative purposes only. We make every effort to ensure that images are captured and displayed accurately but we cannot guarantee that the products are displayed accurately on your device. The products that you order and the packaging of the products may vary from the images on the Site. Cancellation Rights As a consumer purchasing online you have the legal right to cancel your order with us. Your right to cancel begins on the date you place your order and ends 14 calendar days form the day after you receive the product. You need not provide a reason for cancelling your order; however, you must email us

[email protected]

to cancel your order. Where possible please include your order number in the correspondence. We will then respond by email to confirm that we have received notification of cancellation. In circumstances where you have already received your products. You will be required to package up the item and return it at your own cost. All products must be returned in their original packaging and condition, plus any additional packaging for returns. We reserve the right to reduce the amount of any refund offered to reflect any reduction in the value of the product which is caused by the way it is handled or returned by you. Following receipt of the returned products we will arrange for a refund to be returned to the card used for the purchase. Please allow up to 14 days for the refund to show on your bank statement. You will receive a refund for the price paid for the product and the original delivery charges but you will not receive a refund for the cost of returning the product to us. You must return the products within 14 days of the cancellation being confirmed. Return items should be sent to: 1A Winton Buildings Ardrossan, UK KA22 8BY If we have not yet dispatched the product before you cancel then we will process your refund within 14 days of your cancellation. If you only cancel the order in respect of some and not all of the products ordered then you will not receive a refund in respect of the delivery charges. Exclusions Please note that whilst we provide refunds in accordance with the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013, as set out above, as permitted by that legislation, we are unable to accept refunds of the following: 1. Items which cannot be returned for health and hygiene reasons, unless the returned to us unused and in a fully resealable condition with all hygienic seals in place and unbroken; 2. Items which are personalised or made to your specification; 3. Products which are liable to deteriorate or expire rapidly. Faulty Goods Nothing in these terms affects your legal rights in respective of products which are defective or not as described. If you think a product is defective or mis-described then please email Molly, [email protected], with a detailed description of the fault and, if possible, photographs of any wear and tear or similar damage to the products. You will need to return your products to: 1A Winton Buildings Ardrossan, UK KA22 8BY All returns made as potentially defective will be examined once they have been received by us and we will notify you via email to confirm if you are entitled to a refund. Faulty goods will be replaced with a like for like replacement where possible. If you are entitled to a refund this will be provided within 30 days of when we notify you via email that you are entitled to a refund. If you are entitled to a refund as a result of a defective product, you will receive a full refund of the price paid for the product, the original delivery charges and the cost of returning the product to us. Pricing The prices are as quoted on the website for each item. Prices do not include VAT. The product pricing also excludes delivery charges which will be added to the total amount at the checkout. We may change our prices at any time but changes will not affect any order in respect of which we have already sent you an order confirmation. It is always possible, despite our best efforts, that some products listed on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge you the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will contact you to inform you of the error and give you the option of either continuing your purchase of the product at the correct price or cancelling your order. If we are unable to contact you using the details you provided during the order process, we will treat your order as having been cancelled and notify you in writing. We are under no obligation to provide any product to you at an incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. Delivery Unless you are purchasing an item on pre-order or a bespoke customisation (where in such circumstances an estimated delivery date will be provided) delivery will take place within 15 calendar days of the date of the order confirmation. Our orders are usually sent out once weekly and should reach you within a 15 day period. If we do not deliver your product within 15 calendar days or within the other time period agreed between us, you may contact us to cancel your order. We are not responsible for delays outside of our control. We will contact you as soon as possible to let you know of any delay which may occur to your order and we will take steps to minimise the effect of the delay. If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the product resulting from our following of your instructions. Delivery will be complete when we deliver the product to the address you gave us or in accordance with your other instructions. International Delivery We deliver to certain countries outside of the UK. Please contact us by email to check whether we can deliver to your required location. Orders to outside the UK may be subject to import duties and taxies. You will be responsible for payment of such amounts which are not set by us but set by each location. Please contact your local customs office for further information before placing your order. Warranty and Liability We warrant to you that any product purchased from us will, for at least a period of six months from the date of delivery, be of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied. We will not be liable for any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party. Our liability for any losses you suffer as a result of us breaking these terms is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking these terms. Losses are foreseeable if they are an obvious consequence of a breach or they were contemplated by you and us at the time the purchase was made. We do not exclude or limit in any way our liability: 1. For death or personal injury caused by our negligence; 2. Under section 2(3) of the Consumer Protection Act 1987; 3. For breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979; 4. For fraud or fraudulent misrepresentation; or 5. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We only supply products for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. Additional Circumstances Should you consider that you have grounds to obtain a refund which are not set out above you should email [email protected] to set out your refund request. All refunds are provided in accordance with your statutory rights. Law and Jurisdiction These terms and any claim or dispute arising in relation to any purchase will be governed by British law. You and we agree that the courts of Scotland, England and Wales shall have non-exclusive jurisdiction to settle any such claim or dispute. Last updated: January 29, 2025

Terms of Service

OVERVIEW

This website is operated by Driving Test Confidence / FlowMagic Ltd. Throughout the site, the terms “we”, “us” and “our” refer to FlowMagic Ltd. FlowMagic Ltd offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms of Service”, “Terms”), including those additional Terms of Service and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – USE OF SITE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 6 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, 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 users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that: -

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, patent, trademark, trade secret, or moral rights of any third party. -

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service. -

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 Site and these Terms of Service. -

Your Contributions are not false, inaccurate, or misleading. -

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. -

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us). -

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. -

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. -

Your Contributions do not violate any applicable law, regulation, or rule. -

Your Contributions do not violate the privacy or publicity rights of any third party. -

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. -

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. -

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 Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 8 - PERSONAL INFORMATION

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: -

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. -

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. -

Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. -

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. -

Use any information obtained from the Site in order to harass, abuse, or harm another person. -

Make improper use of our support services or submit false reports of abuse or misconduct. -

Use the Site in a manner inconsistent with any applicable laws or regulations. -

Engage in unauthorized framing of or linking to the Site. -

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. -

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. -

Delete the copyright or other proprietary rights notice from any Content. -

Attempt to impersonate another user or person or use the username of another user. -

Upload or transmit (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 formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). -

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. -

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. -

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. -

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. -

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. -

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 offline reader that accesses the Site, or using or launching any unauthorized script or other software. -

Use a buying agent or purchasing agent to make purchases on the Site. -

Make any unauthorized use of the Site, 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. -

Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall FlowMagic Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. SECTION 12 – INDEMNIFICATION You agree to indemnify, defend and hold harmless FlowMagic Ltd, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SECTION 13 – SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 14 – TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 16 - GOVERNING LAW These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
In this case, Terms are governed by British Law. You and we agree that the courts of Scotland, England and Wales shall have non-exclusive jurisdiction to settle any such claim or dispute.

SECTION 17 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 18 – DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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 JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SECTION 19 – MISCELLANEOUS
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision 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 Site. 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 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. Last updated: Jan 24, 2025