These are the terms and conditions (hereby referred to as ‘terms’) of our website, flender.ie (hereby known as the ‘website’ save where so otherwise appears dependent on the context) together with our Privacy Policy and Cookie Policy and any other such documents as referred to, which govern your use and or access of the website, be it as a guest, registered user, account holder or however so arising.

Flender is the trading name of NKK Finance Limited, a limited company having its registered office at 16 Essex Enterprise Centre, 1-2 Davy Road, Gorse Lane Industrial Estate, Clacton-on-Sea, England, CO15 4XD. NKK Finance Limited t/a Flender is represented in Ireland by Flender Ireland Limited with its registered head office at Alexander House, Sweepstakes, Ballsbridge, Dublin 4.

NKK Finance Limited t/a Flender owns this website, the trading name ‘Flender’ and contracts with various parties for the provision of services with Flender Ireland Limited acting as intermediately and data processor as appropriate depending on the context and subject to individual contractual relations with any third parties.

As part of the above, your terms of use of this website is set by NKK Finance Limited t/a Flender and use of this website is contingent on your acceptance of these terms in their entirety.

By using this website you accept to be legally bound by these Terms of Use.

If you do not agree to these Terms of Use then you cannot use the website, engage in any communications with Flender via the website, download or review any document or statement on the website, set up any account or use or peruse or engage with any service or campaign on the website.

If, upon using this website, and after having accepted these Terms of Use, you engage with service and or campaign, any such engagement is subject to contract. Our services and or campaigns relate to services on behalf of third parties with Flender acting as intermediary and or a contracting party depending on the context. Each service and or campaign is different and subject to its own specific terms and conditions which are separate and distinct to these website Terms of Use.

For the avoidance of any doubt, if you decide to enter into or engage with any service or campaign you do so subject to the terms and conditions of that particular service and or campaign, which by necessity requires you to agree to a separate contract between yourself and a third party and or Flender, depending on the context, circumstances and requirements and or specifications of that particular service or campaign.

For the further avoidance of any doubt, each service and or campaign has its own bespoke terms and conditions that are separate to these Terms of Use of the website.

In any circumstances where there is a discrepancy between the terms and conditions of a service and or campaign over these Terms of Use then the terms and condition of a service and or campaign take precedence over these Terms of Use.

If you have any comments and or queries about these Terms of Use or about the Website, please contact us at info@flender.ie

There is to be no amendment to these Terms of Use, or any acceptance of same, via any implied term, application of estoppel, acquiescence, verbal statement and or however other so arising, without any such amendment having been accepted and confirmed in writing by Flender.

Any part, provision, term, condition, warranty, statement and or sentence of these Terms of Use which is prohibited and or held to be void and or unenforceable, then such part, provision, term, condition, warranty, statement and or sentence of these Terms of Use shall be ineffective to the extent of such prohibition or unenforceability without invaliding the remaining part, provision, term, condition, warranty, statement and or sentence of these Terms of Use in so far as possible to the maximum extent permitted under law.

There Terms of Use may be amended, altered and or changed without notice. Website users are to review these Terms of Use each time they use of the website to ensure continued adherence and acceptance to these Terms of Use.

Access to the Website

Access to the Website is provided as is without any express or implied warranties, statements as to the suitability and or validity and or prowess (technical, financial or otherwise) of any service and or campaign referred to on the Website. Use of and or access to this website does not create any legal relationship save for that specified in these Terms of Use, Privacy Policy and Cookie Policy.

Use of this Website

Your use of this website is limited to only authorised and permitted use in accordance with these Terms of Use.

You may not use the website:

• For the purposes of harming, or attempting to harm, any person and or any of their legal rights and or interests,
• To transfer, send, knowingly receive, communicate, use, or otherwise process however so arising, any copyrighted material without the consent of the copyright holder,
• To transfer, send, knowingly receive, communicate, use, or otherwise process however so arising, any material that contains, or is in of itself, any virus, worm, Trojan horse, time-bombs, keystroke logger, adware, spyware or any other program, data and or code that may cause damage, nuisance and or loss to any person,
• To transfer, send, knowingly receive, communicate, use, or otherwise process however so arising, any advertising, marketing or promotional material or any unsolicited communication of any such kind with any other user or third party.

You agree that you will not damage, interrupt with or access any part of the Website, or any part of the network or computer equipment hosting the Website.

You agree not to copy or duplicate any part of the Website without the express written permission of Flender, the copyright owner of all material on the website save where so otherwise appearing and is stated as such. For the avoidance of any doubt, this website is copyrighted by Flender.

If you choose to request, or are provided with, a unique user identification code, user name, password or any other unique data used for the purposes of accessing a restricted portion or section of the Website then you must treat such information as confidential. You must not disclose same to any third party or permit any third party to use or access this website, or any portion thereof, on your behalf.

You agree that Flender has the sole discretion to remove and or deactivate your and or any website visitor’s username, password or any other unique data used for the purposes of accessing a restricted portion or section of the Website, at any time without notice and without having to provide any reason to you or any user.

You agree that you are responsible for ensuring that all persons who access this website through your internet connection, computer, tablet, or however so accessing this website via your property and or property in your control, does so with the acceptance of these Terms of Use.

As part of any service and or campaign, a user may have access to a link to a third party website; these links are provided ‘as is’ for information purposes and without any warranty, representation and or assertion as to the validity or veracity of any statement, or the third party website as a whole of part thereof, relating to the linked third party website. Web users who click on or follow any link do so at their own risk and are respectfully advised to review the Terms of Use, Privacy Policy and Cookie Policy of any linked website that is beyond the control of Flender. For the avoidance of doubt, Flender does not accept any liability for any third party websites accessed through or via the website.

In these Terms of Use, ‘your user content’ means material (including but not limited to any text, image, audio material, video material and or any combination thereof) that you submit to this website.

You grant to Flender a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, edit, adapt, publish, re-publish, translate and or distribute your user content in any existing and or future media.

Your user content must not be illegal and or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to any legal action whether against you and or Flender and or a third party, however so arising under contract, tort, any duty of care or by operation of any statute or common law.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

You must not submit to the website, or cause to be published in any manner, any statement, claim, text, document, image, audio material, video material and or any combination thereof, that you know to be untrue and or incorrect and or unsure and or reckless as to the veracity or truthfulness of any statement, claim or assertion or implication of any fact, true or otherwise, therein.

You agree to indemnity Flender for any and all claims of loss or damage relating to any alleged or actual breach of contract, duty of care under tort, statutory duty of care, and or any duty of care or standard of care however so arising, arising from your use of the website and or the publication of any of your user content, or any combination or part thereof, on the website. You further agree that on foot of such an indemnity, Flender may at its discretion introduce you and or join you to any related proceedings and you consent to same without any objection.

Any submission of fraudulent, incorrect or deceitful statement, claim, text, document, image, audio material, video material and or any combination thereof may be the basis for referring the matter and or a user to the Police and or An Garda Síochána and or the appropriate authorities under the circumstances in accordance with our Privacy Policy.

Flender reserves the right to edit or remove any material submitted to this website, or stored on Flender servers, or hosted or published upon this website, in accordance with our Privacy Policy.

Notwithstanding Flender rights under these Terms of Use in relation to user content, Flender does not undertake to monitor the submission of all such content to, or the publication of all such content on, this website.

Any part, provision, term, condition, warranty, statement and or sentence of these Terms of Use which is prohibited and or held to be void and or unenforceable, then such part, provision, term, condition, warranty, statement and or sentence of these Terms of Use shall be ineffective to the extent of such prohibition or unenforceability without invaliding the remaining part, provision, term, condition, warranty, statement and or sentence of these Terms of Use in so far as possible to the maximum extent permitted under law.

You agree that these Terms of Use, along with the Privacy Policy and Cookie Policy is the entirety of the legal relationship between you and Flender and that you have not relied upon any representation, warranty and or any other communication or statement not contained within these Terms of Use, Privacy Policy and Cookie Policy to use the website, engage in any service and or campaign on the website, or to encourage or advise you to act in any particular matter.

If you are unsure of any of these Terms of Use you are not to use this website and get independent legal advice.

Last Updated: June 2018