TERMS AND CONDITIONS FLOW
These terms and conditions apply to the use of the Flow and all services made available by United Telecommunication Services N.V. and/or Setel N.V. (hereinafter: “Provider”) including, but not limited to, miKUENTA, miHEPA and Whitepages on Flow (hereinafter: “Flow”). By using Flow or any of the services provided on Flow an agreement is concluded between you and Provider and you agree to these terms and conditions.
1. To be able to use Flow and all services made available on Flow you will need a Flow account. To open your Flow account, you must complete the registration process by providing Provider with current, complete and accurate information requested in the Registration Form. One Flow account can be opened per customer. Failing to provide accurate information may result in suspension or termination of your Flow account. Intentional forgery of your identity for malicious or other use will result in instant termination of your Flow account.
2. Choosing a username and password is part of the registration process. You will be responsible for maintaining confidentiality with regard to your password and username and you shall take all possible measures to protect your username and password against unlawful use by (unauthorized) third parties. You are solely responsible for any and all activities that occur under your Flow account. You will notify Provider immediately of any unauthorized use of your Flow account or other breach of security.
3. You will adhere to the applicable law and requirements of reasonable use of (the services made available on) Flow. More specifically, you will not use (the services made available on) Flow for acts contrary to the law, public order, decency and common standards. By way of example, and not as a limitation, you will not create a false identity or forged email- or home address, telephone number or otherwise attempt to mislead others as to your identity.
4. You are entitled to terminate the Agreement at any time and for any reason, provided however for such termination to be effective, the termination process on Flow must be completed.
5. Provider reserves the rights to amend and/or terminate (the services made available on) Flow without prior notice and with immediate effect.
6. You hereby expressly acknowledge and agree that use of (the services made available on) Flow and the Internet is at your own risks and that (the services provided on) FLow is provided ‘as is’ and ‘as available’ without any warranties or conditions whatsoever, expressed or implied. Provider will use commercially reasonable efforts to make access to (the services made available on) Flow available to you, but makes no warranty or guarantee that the user will be able to access (the services made available on) Flow at any particular time or any particular location.
7. Provider hereby disclaims all express and implied warranties as to the accuracy, completeness, noninfringement, merchantability or fitness for particular purpose of (the services made available on) FLow generally, and any content or service contained therein, as well as all express and implied warranties that the operation of (the services made available on) Flow generally and any content or services contained therein will be uninterrupted or error-free. Provider shall in no event be liable to you or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto.
8. You will indemnify, hold harmless, and defend Provider and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to
(i) the use of (the services made available on) Flow in any manner which violates the terms of this agreement or otherwise violates any law, rule, or regulation and
(ii) any claims made by third parties arising from your use of (the services made available on) FLow, including without limitation any and all third party claims arising from or related to any failure, delay or interruption to (the services made available on) Flow.
9. The agreement shall be governed, construed and interpreted in all respects in accordance with the laws of Curaçao, and shall be subject to exclusive jurisdiction of the courts of Curaçao.