Terms of Service

1. Introduction

Welcome to Flow Estate. These Terms of Service ("Terms") govern your use of the Flow Estate platform, website, and services (collectively, the "Service") operated by Flow Estate Limited ("we", "us", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Applicable Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

3. Account Terms

When you create an account with us, you must provide accurate, complete, and up-to-date information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Service Usage

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful

5. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Flow Estate Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both New Zealand and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Flow Estate Limited.

6. User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting User Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such content on and through the Service. You retain any and all of your rights to any User Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

7. Data Protection and Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms, explains how we collect, use, and protect your personal information. By using our Service, you consent to our collection and use of personal data as outlined in our Privacy Policy.

We comply with the Privacy Act 2020 and other applicable New Zealand privacy laws in our collection, use, and protection of your personal information.

8. Consumer Guarantees Act

If you are acquiring our services for personal, domestic, or household use or consumption, the Consumer Guarantees Act 1993 ("CGA") applies to you. If you are acquiring our services for business purposes, you agree that the CGA does not apply.

To the extent permitted by law, we exclude all conditions, warranties, and guarantees, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Flow Estate Limited, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

Our liability is limited to the maximum extent permitted by the Fair Trading Act 1986 and other applicable New Zealand laws.

10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law.

Before commencing arbitration, you agree to attempt to resolve the dispute informally by contacting us. If the dispute is not resolved within 30 days after such notification, either party may commence arbitration.

13. Electronic Transactions Act

You consent to receiving communications from us electronically and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Transactions Act 2002.

14. Contact Us

If you have any questions about these Terms, please contact us:

• By email: legal@flowestate.co.nz