Terms & Conditions
The following terms and conditions of use and any other policies, rules or guidelines posted by Once upon a Flutter on this site govern your use of this site. If you visit or use this site for any purposes, you accept these terms and conditions (“User Agreement”). This Agreement applies to all users of the Site, including without limitation users who are visitors, buyers, customers, contributors of content, information and other materials or services on the Site. Please read these Terms and Conditions carefully before using this site or entering into any transaction of the products or using any of the services available on or through it. These Terms and Conditions of use may be changed in the future without notice to you and you agree and accept that such changes shall also be binding upon you.
You are requested to please check back the terms and conditions from time to time.
The Terms & Conditions cover the contractual relationship between us. These Terms & Conditions come into effect when registering on Onceuponaflutter.com By clicking on the “I Agree” button you agree to be bound by these Terms & Conditions. Our buyer services are not available to, and may not be used by persons under the age of 18 years. Your continued use of this site after such changes constitutes your acceptance of the new Terms and Conditions.
Your Use of this Site
Once upon a Flutter grants you a limited license to access and make personal use of this site only and not for commercial gains and to download (other than page caching) or modify it, or any portion of it, except with express written consent of Once upon a Flutter.
This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data or similar data gathering and extraction tools without express written consent of Once upon a Flutter.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose whatsoever without express written consent of Once upon a Flutter.
You may not frame or utilize framing techniques to enclose any trademark, logo, proprietary information and other intellectual property (including images, text, page layout, or form) of Once upon a Flutter without express written consent.
You may not use any meta tags or any other "hidden text" utilizing Once upon a Flutter's name or trademarks without the express written consent of Once upon a Flutter. Any unauthorized use terminates the permission or license granted by Once upon a Flutter and further makes you liable to penal action under the law. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Once upon a Flutter so long as the link does not portray Once upon a Flutter or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Once upon a Flutter logo or other proprietary graphic or trademark as part of the link without express written permission.
All content included on this Site, not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software ("Content"), is the property of Once upon a Flutter or its suppliers, sponsors, licensors or affiliates (collectively, "Business Partners"), and is protected by International copyright law, trademark law and trade secret law.
Once upon a Flutter owns a copyright in this Site as a collective work and/or compilation and in the selection, coordination and arrangement of the Content. Except as expressly provided in these Terms and Conditions, neither Once upon a Flutter nor its Business Partners grant any right to you under any patents, copyrights, trademarks or trade secret information.
You understand that by using the Site, you may be exposed to Content that may be offensive or objectionable according to your judgment. Under no circumstances will Once upon a Flutter be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Site. You agree that you must evaluate and bear all risks associated with the use of any Content including any reliance on the accuracy, completeness or usefulness of such Content.
Account Maintenance and Responsibility
No registration is required if you use this site to search products. Registration as a member is free of charge. We reserve the right to refuse service and registration to anyone for any reason at any time. When you register and agree to be bound to these Terms & Conditions, a contract between us for the use of this site is accomplished by default.
By entering any information on this Site, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account with us as for all activities that occur under your account. Once upon a Flutter cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Our services are available only to and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to persons under the age of 18. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms & Conditions. You declare yourself willing to provide true, accurate, up-to-date and complete information as specified in the course of registration and shop and profile generation, and to update this data as necessary. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User Name to any other person. We reserve the right to delete accounts that have not completed the registration process, e.g. invalidated registrations. If you wish to enter into any transaction or use the services on this Site, you must provide the required information to us.
You or we may suspend or terminate your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination.
We reserve the right to change, suspend, or discontinue all or any aspects of this Site at any time without prior notice.
In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account for the amount of the incorrect price.
We shall list Products for sale or provide samples of Products to be manufactured by us after an order has been placed with us. All information related to payments must be complete. Prices and availability of the products and services listed on this site are subject to change without notice. The listing, description of, reference to, a product or service on this Site does not imply that the product or service is presently available or that we endorse that product or service.
The order shall be deemed to be placed on receipt of the entire payment from the buyer for standard Products (categorized as standard solely by us). By purchasing an item, you agree to be bound by the conditions of sale included in the item's description. Purchases are not retractable in any circumstances whatsoever. As buyer, you must ensure that you are legally able to buy any item that you purchase on the site. We are not responsible for the any claims you might face by purchase of our Products. You acknowledge this risk while you agree to the terms and conditions.Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all.
We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. However, the difference in the price paid by you and the price of the product supplied or service rendered shall be credited to your credit card.
All orders of products or services are subject to the prevailing law including as appropriate, export and import regulations and other restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
Not all products and services listed on this Site may be available for sale or delivery in every area.
You agree not to use the Site to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, religiously, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to Once upon a Flutter representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Site or servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site; intentionally or unintentionally violate any applicable local, state, national or international law; collect or store personal data about other users.
You acknowledge that Once upon a Flutter does not pre-screen Content, but that Once upon a Flutter and its designees shall have the right in their sole discretion to refuse or remove any User Content that is available via the Site. Without limiting the foregoing, Once upon a Flutter and its designees shall have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness or usefulness of such User Content.
We welcome feedback, suggestions and ideas about this Site and our services and how to improve them. However, all User Content, feedback, suggestions, ideas, concepts, comments, illustrations, Site postings and other materials that you disclose or offer to us on or in connection with this Site ("Submissions") are submitted without any restrictions or expectation of confidentiality.
You agree that we shall exclusively own and you hereby assign to us without compensation or further obligation all rights now known or hereafter existing to the Submissions of every kind and nature throughout the universe
You further agree that we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you including the right to use, reproduce, publish, transmit, publicly perform or display, translate, create derivative works from or otherwise communicate to the public the Submissions on the Site or elsewhere.
You shall not assert any proprietary right or moral right of any kind with respect to any Submissions.
We, in our sole discretion, may post the advertisements or other materials of third parties on this Site. Your correspondence or any other transaction with advertisers found on this Site is solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this Site.
Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Site.
We make no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this Site or sites linking to this Site and we accept no responsibility in connection therewith. Any linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes or updates to any such sites. Any linked sites are provided to you only as a convenience.
The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. When leaving this Site, you should be aware that our terms and policies may no longer govern the usage of a linked site and, therefore, you should review the applicable terms, conditions and policies, including privacy and data-gathering practices of each linked site.
Intellectual Property Infringement Complaints
If you believe that your intellectual property has been infringed upon, please provide us with the following information: a description of the intellectual property that you claim has been infringed, as well as, an explanation as to why you believe in good faith that the disputed use is not authorized by the intellectual property owner, its agent, or the law; the location on the Site of the material that you claim is infringing; your address, telephone number, and email address; a statement signed by you, made under penalty of perjury that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf. Send the above information to: Once upon a Flutter at firstname.lastname@example.org
It is Once upon a Flutter's strict policy to respect the intellectual property rights of others. Once upon a Flutter has taken adequate measures to ensure that the content on the website displayed is either the creation of Once upon a Flutter and a work of which Once upon a Flutter is the author or with the permission from their respective owners or Once upon a Flutter believes the same to be in public domain.