Terms & Conditions

Last updated 2018-06-20

§ 1 General 

1.1 By downloading and installing the Flarie software application (the “App”), by creating a profile or by otherwise using the App or website (together the “Service”) or accessing any content or material that is made available through the Service (the “Content”) you (“You” or the “User”) are entering into a binding contract with Flarie AB, incorporated under the laws of Sweden, Sjötäktsvägen 22, 791 93 Falun, Sweden (“Flarie” or the “Company”). 

1.2 The App can be downloaded free of charge. In the App you can play the Flarie game and compete for prizes. Parts of the Flarie Game may be sponsored by partners of Flarie AB.

1.3 Additional terms and conditions may apply for specific prizes that you are able to compete for and when partners to Flarie AB is sponsoring the game. Playing the sponsored part of the game will be considered as accepting the additional terms and conditions.

1.4 In order to use the App you must create a profile. When you’ve created a profile you can play the Flarie game, receive messages from Flarie and its Partners, receive and use Flarie Coins and give feedback.

§ 2 Privacy Statement 

2.1 Flarie is the controller of personal data for the processing of personal data that takes place under this agreement. See also Flaries Privacy Policy on how we handle personal information.

2.2 Flarie, or other party appointed by Flarie, will collect, store and use your personal data, such as name, address, e-mail address, phone number, in order to i) provide the Services to you, ii) distribute prizes, iii) register purchases, iv) evaluate and improve the Services, including asking you for your feedback, v) through direct marketing provide information regarding the Services, as well as other information about our offers from the Company and its Partners vi) analyze user trends and movements, vii) administer the Services, and viii) conduct in-house statistics of users of the Services.

2.3 Flarie, or other party appointed by Flarie, processes and stores your personal data in accordance with, but not limited to, GDPR (General Data Protection Regulation 2016/679). The Company, or other party appointed by the Company, will ensure that the submitted personal data is stored in a secure manner. 

2.4 User records are regarded as confidential and will therefore not be divulged to any third party, other than Flarie’s Partners or, if legally required to do so, to the appropriate authorities. 

2.5 By using the Services you agree that Flarie, or other party appointed by Flarie,

i) Stores and uses the personal data which you hereby submit, in the way described by these Terms and Conditions

ii) May transfer your personal data i) for User in within the EEA, to a country which is not a member of the EU or the EEA, ii) for User outside of the EEA, to a country which is within the EEA, and

iii) Sends direct marketing to you by text messages, push notifications, in-app messages, e-mail, Twitter, Facebook or similar communication channels. You have always the right to refuse to receive content over e-mail or mobile pushes.

2.6 Flarie will not store your personal data longer than necessary for the purposes presented in these Terms and Conditions and Flarie will only collect personal data necessary to fulfill the purposes presented in these Terms and Conditions.

2.7 You have the right to, without any costs, once per calendar year, request information regarding your personal data (if any) that the Company has processed and you may also have any potential incorrect data corrected. If you wish to know more about how we process your personal data you can send a written and signed request to us via e-mail: contact@flarie.com. Further contact information can be found on our website flarie.com.

§ 3 The game Flarie 

3.1 To be allowed to play the Flarie Game and compete for prizes you shall be at least 18 years old, or have your guardians approval.

3.2 Rules and concept

a) Compete against other users
The user that gets the highest score in one try in the fastest time will, if nothing else is stipulated, win. If more than one user ends up with the same score and time, the user that got the score first will win.

b) Compete against other users by winning streak
The user that gets the highest winning streak will, if nothing else is stipulated, win. If more than one user ends up with the same winning streak the highest accumulated collected points from each win will decide the winner. If more than one user has the same winning streak and the same accumulated points the winner will be decided as in paragraph 3.2.a.

c) Solo Mode
In Solo Mode the user will face one or more challenges. If completing a challenge the user will get rewarded according to the terms that is stipulated for that specific challenge. If the user doesn’t complete any challenge the user will not receive any reward. 

d) Flarie Coins
In the Flarie Game users can win Flarie Coins. Flarie Coins can be exchanged for e.g. products, coupons and services within the Flarie app.

Please note that Flarie Coins is a virtual currency and it can not be exchanged for money. Selling, redeeming, trading or moving Flarie Coins from one account to another is not allowed. Flarie reserve the right to control, regulate, modify or remove any Flarie Coins without liability of compensation or refund to you.

Flarie reserve the right to regulate or change what options users can exchange their Flarie Coins for, and how many Flarie Coins the user need to use for each specific option (products, coupons and services).

Most options (products, coupons and services) has an expiry date. Flarie do not take any responsibility regarding if the user use or redeem the option (product, coupon, service, e.g.) before the expiration date.

Flarie Coins can only be obtained via the Flarie App. Beware of any third party sites that sell or otherwise promise Flarie Coins in exchange for signing up on their website, etc.

e) Users with jailbroken or rooted devices or any other unauthorized applications, software or operating system that for example can manipulate the results in Flarie are not allowed to win any prize or Flarie Coins.

f) If the Company is suspecting that the User is using a jailbroken or rooted device or any other unauthorized applications, software or operating system that for example can manipulate the results, or if the User in any other way is manipulating the results, the Company reserves the right to issue warnings to the User and to suspend the User from playing the Flarie Game. If the User does not stop manipulating the results, Flarie reserves the right to take further actions against the User.

g)  It is not allowed to have more than one account, or to participate more times than what is stipulated in the Flarie game. If the Company is suspecting that the User is using several accounts or is participating more times than what is stipulated, the User may be suspended from playing the Flarie Game.

3.3 The winner/s when competing against other users will be published in the App at latest 7 days after the winner/s has been elected.

3.4 Prizes in the Flarie Game will, if any, be stipulated with every specific challenge.

3.5 When partners to Flarie AB is sponsoring part of the Flarie Game the partner is fully responsible for all text, images and prizes connected to the game.

3.6 If necessary, winners in the Flarie Game will be contacted directly within the App. Winners may be asked to provide their address in order to get the prize sent to them by post or e-mail. Flarie AB or its partners is not responsible for if the winner does not provide such address, does not use the prize within any validity periods, or for any problems that arise around the prize that is caused by third parties. Flarie or its partners is not responsible for any issues regarding prizes that is caused by third parties (e.g. the delivery service).

3.7 Flarie does not take responsibility for any additional costs that may be associated with prizes or incurred as a result of the prize.

3.8 Any taxes associated with winning a prize shall be borne by the winner.

3.9 Apple is not in any way a sponsor or responsible for the Flarie Game or its prizes.

§ 4 Exclusions and Limitations 

4.1 The App is provided on an "as is" basis. To the fullest extent permitted by law, the Company

a)  excludes all representations and warranties relating to the App and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the App;

b) excludes all liability for damages arising out of or in connection with your use of the App. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your phone, software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages;

c) excludes all guarantees as to the goods/services through the content offered by the App. The Company has no responsibility for the injuries that could occur when you take advantage of these goods/services. On each content it is clear who the sender is of the respective goods/services and thus responsible for the product / service terms, order and delivery. The Company has no liability to its Partner’s possible closure, bankruptcy or other circumstances affecting Partner's business; and

d) excludes all liability for your interactions with other users. The Company does not monitor or review the content of other party’s messages or websites which are linked to from this app, and takes no responsibility towards such messages or links sent to you by other users or third parties when using the Services. You acknowledge, understand and agree that you may be exposed to messages and content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose and you agree that the Company shall not be liable for any damages you allege to incur as a result of such messages or content. To the maximum.extent permitted by applicable law, under no circumstances shall the Company be liable for any indirect, incidental, special or consequential damages asserting from the use of the Services.

§ 5 Inappropriate content

5.1 Flarie reserves the right to delete any Content which can be seen as racist, sexual or offensive in any way, or if any other user has reported the content.

§ 6 Cancellation Policy 

6.1 You can cancel your account anytime by sending an e-mail to: contact@flarie.com.

6.2 The Company reserves the right to immediately terminate this agreement and/or block your access to the App in the event you do not comply with these Terms, acting contrary to law, regulation or practice or in the event that the Company shuts down all or part of total service.

6.3 No refunds shall be offered due to a cancellation/termination, where a service is deemed to have begun and is, for all intents and purposes, underway.

§ 7 Intellectual property 

7.1 You acknowledge and agree that all Content is owned by Flarie and/or its Partners and licensors and protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights of Flarie and/or its Partners and licensors. Flarie and/or its Partners and licensors retain all right, title and interest in and to the Services. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Content on a stand-alone basis in any form or for any means. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit the Content in any way unless expressly permitted in these Terms and Conditions or by Flarie. You agree not to disassemble, decompile or reverse engineer any software or other component of the Services or the Content.

§ 8 Force Majeure 

8.1 The Company shall not be liable to the users for any failure to perform any obligation under this agreement which is due to an event beyond the Company’s control such as terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality.  

§ 9 Notification of Changes  

9.1 The Company reserves the right to change these Terms and Conditions from time to time as it seems fit. Every time these Terms and Conditions are updated the User will be asked to agree on the new terms and conditions in the App. Please do not use the app if you do not accept the new terms. Continued use of the app after the changes will be considered as accepting the terms.

§ 10 Assignment  

10.1 The Company may assign these Terms and Conditions and its rights and obligations parties without restrictions.

§ 11 Terms nullity  

11.1 In case single obligations of this agreement eventually being null and void, this does not affect the validity of the agreement as for the rest.

§ 12 Dispute management  

12.1 These terms shall be governed by Swedish law and all disputes arising out of the App or these terms and conditions shall be settled by the Swedish courts.

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