Terms & Conditions

Updated on 11/20/2023

General conditions

By accessing and placing an order with FLKiteboarding, you acknowledge that you agree and are bound by the terms of service contained in the Terms & Conditions set forth below. These terms apply to the entire website and any email or other type of communication between you and FLKiteboarding.

Under no circumstances will the FLKiteboarding team be liable for any direct, indirect, special, incidental or consequential damages, including but not limited to loss of data or profits, arising from the use or inability to use the materials on this site, even if the FLKiteboarding team or an authorized representative has been informed of the possibility of such damage. If your use of the materials on this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

FLKiteboarding will not be responsible for any outcome that may occur while using our resources. We reserve the right to change prices and revise resource usage rules at any time.

License

FLKiteboarding grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Website strictly in accordance with the terms of this Agreement.

These Terms & Conditions are an agreement between you and FLKiteboarding (in these Terms and Conditions as “FLKiteboarding”, “us”, “we” or “our”), the provider of the FLKiteboarding website and the services available from the FLKiteboarding website (which in these The terms and conditions are collectively referred to as the “FLKiteboarding Service”).

You agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the FLKiteboarding Service. In these Terms & Conditions, “you” refers to both you as an individual and the entity you represent. If you breach any of these Terms & Conditions, we reserve the right to terminate your account or block access to your account without notice.

Definitions and key terms

In order to make things as clear as possible in these Terms & Conditions, whenever any of these terms are mentioned, they are strictly defined as:

  • Cookie: a small amount of data generated by a website and stored by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language settings or login information.

  • Company: When this policy refers to “Company”, “we”, “us” or “our”, it refers to FootLoose Kiteboarding, Jaškovo 43 47280 Ozalj which is responsible for your data under these Terms & Conditions.

  • Country: where FLKiteboarding or the owner/founder of FLKiteboarding is based, in this case Croatia.

  • Device: any device connected to the Internet such as a phone, tablet, computer or any other device that can be used to visit FLKiteboarding and use the Services.

  • Service: refers to the service provided by FLKiteboarding as described in the relative terms (if available) and on this Platform.

  • Third Party Service: refers to advertisers, contest sponsors, promotional and marketing partners and others who provide our content or whose products or services we think may be of interest to you.

  • Website: The website of FLKiteboarding, accessible via this URL: www.crokiteboarding.com

  • You: the person or entity registered with FLKiteboarding to use the Services.

Limitations

You agree that you will not and will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Website or make the Platform available to any third party.

  • Modify, create derivative works from, disassemble, decipher, reverse compile or reverse engineer any part of the Website.

  • Remove, alter or obscure any proprietary notices (including any copyright or trademark notices) of FLKiteboarding or its affiliates, partners, suppliers or website licensors.

Return and Refund Policy

Thanks for shopping at FLKiteboarding. We appreciate the fact that you like to buy the things we build. We also want to make sure you have a rewarding experience while researching, evaluating and purchasing our products.

As with any shopping experience, there are terms and conditions that apply to transactions on FLKiteboarding. We will be as brief as our lawyers allow. The most important thing to remember is that by placing an order or purchase on FLKiteboarding you agree to the terms along with FLKiteboarding's Privacy Policy.

If for any reason you are not completely satisfied with any goods or service we provide, please feel free to contact us and we will discuss any issues you are experiencing with our product.

Your suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to FLKiteboarding in connection with the Website shall remain the sole and exclusive property of FLKiteboarding.

FLKiteboarding shall be free to use, copy, modify, publish or redistribute the Submissions for any purpose and in any manner without any credit or any compensation to you.

Your consent

We've updated our Terms & Conditions to give you full transparency about what's being posted when you visit our site and how it's being used. By using our website, registering an account or making a purchase, you hereby agree to our Terms & Conditions.

Links to other websites

These Terms & Conditions apply only to the Services. The Services may contain links to other websites that are not operated or controlled by FLKiteboarding. We are not responsible for the content, accuracy or opinions expressed on such websites, and we do not research, monitor or verify the accuracy or completeness of such websites. Please note that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Cookies

FLKiteboarding uses "cookies" to recognize which areas of our website you have visited. A cookie is a small piece of data that your web browser stores on your computer or mobile device. We use cookies to improve the performance and functionality of our website, but they are not essential for their use. However, without these cookies, certain functions such as videos may become unavailable or you would have to enter your login details every time you visit the website as we would not be able to remember that you have previously logged in. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access our website functions correctly or at all. We never put personal data in cookies.

Changes to our Terms & Conditions

You acknowledge and agree that FLKiteboarding may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or users generally at its sole discretion, without notice. You can stop using the service at any time. You do not need to specifically notify FLKiteboarding when you stop using the service. You acknowledge and agree that if FLKiteboarding disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page and/or update the Terms & Conditions Change Date below.

Changes to our website

FLKiteboarding reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any linked service, with or without notice and without liability to you.

Updates to our website

FLKiteboarding may from time to time make improvements or improvements to the features/functionality of the Website, which may include patches, bug fixes, updates, upgrades and other changes (“Updates”).

Updates may modify or delete certain features and/or functions of the website. You agree that FLKiteboarding has no obligation to (i) provide any updates or (ii) continue to provide or enable any particular features and/or functionality of the Website to you.

You further agree that any updates (i) shall be considered an integral part of the Website and (ii) shall be subject to the terms and conditions of this Agreement.

Third Party Services

We may display, include or make available third party content (including data, information, applications and services of other products) or provide links to third party websites or services (“Third Party Services”).

You acknowledge and agree that FLKiteboarding shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. FLKiteboarding does not assume and shall have no liability to you or any other person or entity for any third party services.

Third-party services and links to them are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to the terms and conditions of the third parties.

Duration and Termination

This Agreement will remain in effect until terminated by either you or FLKiteboarding.

FLKiteboarding may, in its sole discretion, at any time and for any reason or no reason, suspend or terminate this Agreement with or without notice.

This Agreement will terminate immediately, without notice from FLKiteboarding, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Website and all copies thereof from your computer.

Upon termination of this Agreement, you will stop using the Website and delete all copies of the Website from your computer.

Termination of this Agreement shall not limit any rights or remedies of FLKiteboarding at law or in equity in the event that you (during the term of this Agreement) breach any of your obligations hereunder.

Copyright infringement notice

If you are a copyright owner or an agent of such owner and believe that any material on our website infringes your copyright, please contact us and provide the following information: (a) physical or electronic signature of the copyright owner or a person authorized to act on their behalf ; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number and email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner; and (e) a statement that the information in the notice is accurate, and that you are authorized to act on behalf of the owner under penalty of perjury.

Compensation

You agree to indemnify and hold harmless FLKiteboarding and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) from any claim or demand, including reasonable attorneys' fees, due to or arising out of: ( a ) use of the website; (b) violation of this Agreement or any law or regulation; or (c) infringing any right of a third party.

No guarantee

The Website is provided to you “AS IS” and “AS AVAILABLE” and with all errors and omissions without warranty of any kind. To the fullest extent permitted by applicable law, FLKiteboarding, on behalf of itself and its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of business, course of performance, use or trade practice. Without limiting the foregoing, FLKiteboarding makes no warranty or undertaking, and makes no representation of any kind, that the Website will meet your requirements, achieve any desired results, be compatible or work with any other software, systems or services, work without interruption, meet all standards of performance or reliability or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither FLKiteboarding nor any FLKiteboarding provider makes any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Website or the information, content and materials or products included therein; (ii) that the Website will operate without interruption or error; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Website; or (iv) that the website, its servers, content or emails sent by or on behalf of FLKiteboarding are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or limitations of applicable statutory consumer rights, so some or all of the above exclusions and limitations may not apply to you.

Limitation of liability

Notwithstanding any damages you may suffer, the entire liability of FLKiteboarding and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount you actually paid for the Website.

To the fullest extent permitted by applicable law, in no event shall FLKiteboarding or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for lost profits, loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use or inability to use the Website, third party software and/or third party hardware used with the Website, or otherwise in connection with any provision of this Agreement), even if FLKiteboarding or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Separability

If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be modified and construed to achieve the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices posted by FLKiteboarding on the Services, will constitute the entire agreement between you and FLKiteboarding with respect to the Services. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the failure of FLKiteboarding to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND FLKiteboarding AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH PROCEDURE IS PERMANENTLY PROHIBITED.

Waiver

Except as provided herein, failure to exercise a right or demand performance under this Agreement shall not affect a party's ability to exercise such right or demand such performance at any time thereafter, nor shall a waiver of a breach constitute a waiver of any subsequent breach.

o failure to exercise, or delay in exercising, by either party, any right or any power under this Agreement, shall be deemed a waiver of such right or power. No single or partial exercise of any right or power under this Agreement shall preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall control.

Amendments to this Agreement

FLKiteboarding reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If the revision is material, we will send a notice at least 30 days before the new terms take effect. We will determine what constitutes a material change at our sole discretion.

By continuing to access or use our website after any changes take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use FLKiteboarding.

The whole deal

The Agreement constitutes the entire agreement between you and FLKiteboarding regarding your use of the Website and supersedes all prior and contemporaneous written or oral agreements between you and FLKiteboarding.

You may be subject to additional terms and conditions that apply when you use or purchase other FLKiteboarding services, which FLKiteboarding will provide you at the time of such use or purchase.

Updates to our terms

We may change our service and policies, and we may need to make changes to these Terms so that they accurately reflect our service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they become effective. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not wish to agree to these or any updated Terms, you may delete your account.

Intellectual property

The Website and its entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by FLKiteboarding, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of FLKiteboarding, unless and except as expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Arbitration Agreement

This section applies to all disputes, EXCEPT DISPUTES RELATING TO CLAIMS FOR INCLUDING OR EQUITY REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR FLKiteboarding's INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action or other dispute between you and FLKiteboarding relating to the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” shall have the broadest possible meaning permitted by law.

Notice of dispute

In the event of a dispute, you or FLKiteboarding must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party filing it, the facts giving rise to the dispute, and the relief sought. You must send a notice of dispute by email to: [email protected]. FLKiteboarding will send you any notice of a dispute by mail to your address if we have one or otherwise to your email address. You and FLKiteboarding will attempt to resolve any dispute through informal negotiations within sixty (60) days of the date the Notice of Dispute is sent. After sixty (60) days, either you or FLKiteboarding may initiate arbitration.

Binding Arbitration

If you and FLKiteboarding do not resolve any dispute through informal negotiations, any other attempt to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You waive the right to litigate (or participate as a party or class member) in all disputes in court before a judge or jury. The dispute will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any temporary or preliminary injunctive relief from any court of competent jurisdiction, if necessary to protect the party's rights or property pending the conclusion of the arbitration. All legal, accounting and other costs, fees and expenses incurred by the winning party will be borne by the non-winning party.

Submissions and privacy

In the event that you submit or post any ideas, creative proposals, designs, photographs, information, advertisements, data or suggestions, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and shall become the sole property of FLKiteboarding without any compensation or credit to you. FLKiteboarding and its affiliates shall have no obligation whatsoever with respect to such submissions or postings and may use the ideas contained in such submissions or postings for any purpose in any medium in perpetuity, including but not limited to developing, manufacturing and marketing products and services that use such ideas.

Promotions

FLKiteboarding may, from time to time, include contests, promotions, sweepstakes or other activities (“Promotions”) that require you to submit material or information concerning you. Please note that all promotions may be governed by separate rules that may contain certain eligibility requirements, such as age and geographic location restrictions. You are responsible for reading all promotion rules to determine whether or not you are eligible to participate. If you participate in any promotion, you agree to abide by and comply with all promotion rules.

Additional terms and conditions may apply to the purchase of goods or services on or through the Services, and the terms and conditions are made a part of this Agreement by this reference.

Typographical errors

In the event that a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We will have the right to refuse or cancel any such order regardless of whether the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or part of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of FLKiteboarding. FLKiteboarding shall be entitled to injunctive or other equitable relief (without the obligation to provide any warranty or guarantee) in the event of any breach or anticipated breach by you. FLKiteboarding operates and controls the FLKiteboarding Service from its offices in . The Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those individuals who choose to access the FLKiteboarding Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the FLKiteboarding Privacy Policy) contain the entire understanding of, and supersede, any prior agreements between you and FLKiteboarding relating to the subject matter and may not be changed or modified by you. The section headings used in this Agreement are for convenience only and shall have no legal significance.

Waiver

FLKiteboarding is not responsible for any content, code or any other inaccuracy.

FLKiteboarding makes no warranties or guarantees.

In no event shall FLKiteboarding be liable for any special, direct, indirect, consequential or incidental damages or any damages, whether in contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to add, delete or modify content on the Service at any time without prior notice.

The FLKiteboarding Service and its content are provided “as is” and “as available” without any warranties or representations of any kind, either express or implied. FLKiteboarding is a distributor, not a publisher, of content provided by third parties; as such, FLKiteboarding has no editorial control over such content and makes no warranties or representations as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or available through the FLKiteboarding Service. Without limiting the foregoing, FLKiteboarding expressly disclaims all warranties and representations in any content transmitted on or in connection with the FLKiteboarding Service or on websites that may appear as links on the FLKiteboarding Service, or in products that are part of or on otherwise in connection with the FLKiteboarding Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. No oral advice or written information given by FLKiteboarding or any of its affiliates, employees, officers, directors, agents or the like shall constitute a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, FLKiteboarding does not warrant that the FLKiteboarding Service will be uninterrupted, uninterrupted, timely, or error-free.

Contact us

Do not hesitate to contact us if you have any questions.