Terms of service

TERMS OF SERVICE

Welcome to theflemingway.com (the "Website"). By accessing or using our Website, you agree to comply with and be bound by the following terms and conditions (the "Terms of Service"). Please read these Terms of Service carefully before using our Website. If you do not agree to these Terms of Service, you must not use our Website.

This website is operated by Flemingway. Throughout the site, the terms “we”, “us” and “our” refer to Flemingway. Flemingway 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.

1. Acceptance of Terms

  • By accessing or using the Website, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these Terms of Service, you are prohibited from using or accessing this site.

2. Changes to Terms of Service

  • theflemingway.com reserves the right to update or modify these Terms of Service at any time without prior notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Service. It is your responsibility to review these Terms of Service periodically for any changes.

3. Use of the Website

  • You may use the Website for lawful purposes only. You agree not to engage in any activity that would constitute a violation of any applicable law, regulation, or the rights of third parties.

4. Intellectual Property Rights

  • All content, including but not limited to text, graphics, images, and software, on the Website is the property of theflemingway.com or its content suppliers and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works from any content on the Website without express written permission from theflemingway.com.

5. User Accounts

  • To access certain features of the Website, you may be required to create an account. You agree to provide accurate and complete information when creating an account and to update your information as necessary. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

6. Privacy Policy

  • Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by this reference. Please review our Privacy Policy to understand our practices.

7. Limitation of Liability

  • theflemingway.com will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

8. Disclaimers

  • The Website and its content are provided on an "as-is" and "as-available" basis without any warranties of any kind, either express or implied. theflemingway.com does not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components.

9. Governing Law

  • These Terms of Service and any disputes arising out of or related to the Website will be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

10. Contact Information

  • If you have any questions about these Terms of Service, please contact us at love@theflemingway.com

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Website Terms and Conditions of Use

1. Terms

By accessing this Website, accessible from theflemingway.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on Flemingway's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;

use the materials for any commercial purpose or for any public display;

attempt to reverse engineer any software contained on Flemingway's Website;

remove any copyright or other proprietary notations from the materials; or

transferring the materials to another person or "mirror" the materials on any other server.

This will let Flemingway to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format. 

3. Disclaimer

All the materials on Flemingway’s Website are provided "as is". Flemingway makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Flemingway does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

4. Limitations

Flemingway or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Flemingway’s Website, even if Flemingway or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Flemingway’s Website may include technical, typographical, or photographic errors. Flemingway will not promise that any of the materials in this Website are accurate, complete, or current. Flemingway may change the materials contained on its Website at any time without notice. Flemingway does not make any commitment to update the materials.

6. Links

Flemingway has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Flemingway of the site. The use of any linked website is at the user’s own risk.

7. Site Terms of Use Modifications

Flemingway may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

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PART 2

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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.

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.

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, appear to be placed by dealers, resellers or distributors.

 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Flemingway and our 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.