User Agreement

Welcome to this website and services.
By using this website or any services provided through it, you agree to these Terms of Service. It is your responsibility to keep yourself informed of any changes that may occur between visits, as continued use of the website and services is subject to your acceptance of the current terms. The Company may change these terms from time to time by updating this page.

Website Ownership and Operation
This website is owned and operated by Black Mountain Clothing Ltd. The website platform, ordering system, and technical services are provided and hosted by Black Mountain Clothing Ltd on behalf of ekoflow. While the website is operated by Black Mountain Clothing Ltd, products, branding, and content may relate to the organisation or brand identified as ekoflow.

1. Services

Create, design, and customise products that are listed for sale.
Buy products that are listed for sale.
Save and share designs that you may have created (where available).
Use picture and design tools (where available).
Save created images and designs into public and personal galleries (where available).
Post created images to social networks or blogs where you have the legal right to do so.
Register to subscribe to special offers and use galleries (where available).

2. Using the Services and Website

In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.

2.1 Eligibility – Children Under 18

The Company will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Children under the age of 13 may view the website but may not order products or services.

2.2 Definitions and Interpretation

In these Terms of Use, unless the context indicates a contrary intention:

Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
A person means any form of legal entity as well as any quasi-legal entity.
A User means any person using the website and/or services provided through it.
A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
The word includes in any form is not a word of limitation.

3. User’s Obligations

3.1 Responsibilities

Users are and shall be wholly and exclusively responsible, at their own cost, for:

all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the website and services;
the use that it makes of the website, including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
complying with all laws, regulations and rules in the user’s country or jurisdiction;
complying with any recommendations or guidelines issued by the Company with respect to the use of the website and/or services; and
ensuring that all electronic or other media it uses in connection or in conjunction with the website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

3.2 Restrictions on Users

Users shall not and have no right to either:

reproduce, publish, distribute, sub-license and/or resell either the website and/or service to any person; or
use either the website to supply any service to any person; or
modify, adapt, disassemble, recompile and/or reverse engineer either the website or service;
access or use either the website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
1. infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity;
2. is libellous, defamatory or slanderous;
3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs;
4. contains explicit sexual content;
5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise;
6. is designed to or does harass, threaten, defame or abuse others;
7. exploits images or the likeness of minors;
8. encourages the use of drugs or the under-age use of alcohol or cigarettes; or
9. is generally offensive or in bad taste;
use “spam”, “blast-faxes” or recorded telephone messages to market or sell any products or services;
use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental effect on the website and/or the platform;
take any action that imposes any unreasonable or disproportionately large load on the website or the service;
use a robot, spider or other device or process to monitor the activity on or copy pages from the website or the service;
collect electronic mail addresses or other information from the website;
impersonate another person or entity;
engage in any activity that interferes with any person’s ability to use or access the website and/or services; or
assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
frame or link or otherwise use or display the website in such a manner so that it appears to be part of its own or someone else’s website, without specific agreement.

USER ACKNOWLEDGES AND AGREES THAT THE COMPANY MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. The Company’s Obligations

4.1 Access to and use of the Website and Services. Subject to the user complying with and discharging each of its obligations under these Terms of Use, the Company shall allow the user to access and use the website and the services.

4.2 Privacy. The Company may collect personal data concerning the user in the course of and incidental to the user’s use of the website and services. The Company shall comply with, and the user hereby consents irrevocably and unconditionally to the Company’s collection, use and disclosure of such data in accordance with its Privacy Policy (accessible through the link on the website).

4.3 Training. User acknowledges that the Company has no obligation to provide any training or other support in relation to the use or operation of the website and/or services.

4.4 Modification of the Website. The Company reserves the right to modify the organisation, structure, content or “look and feel” of the website and/or the services, and may change, suspend, or discontinue any aspect of the website and/or the service at any time without notice or liability to the user or any person.

4.4 Modification of the Website.
ekoflow reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. ekoflow shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

5. Intellectual Property Rights

5.1 Reservation of title
User acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. ekoflow grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by ekoflow; to compete with the platform provider; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, ekoflow may revoke the licence and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that ekoflow does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, in consideration of the authorisation granted under clause 4.1, user hereby grants to ekoflow an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.

6. Registration

User Account, Password, and Security. You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ekoflow of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ekoflow cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. Warranties

7.1 Users warranties
User represents and warrants to ekoflow that, in its use of the Website and the Services provided, it:

will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person;
will comply with all applicable laws, rules, and regulations;
there are no claims, demands or any form of litigation pending, or to the best of its knowledge threatened, with respect to any content used or proposed to be used by user;
ekoflow will not be required to make any payments or compensation to any person in connection with its use of such content; and
such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

7.2 ekoflow warranties
ekoflow represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

7.3 Caveats

ekoflow provides the Website and Services on an "as is" and "as available" basis.
User acknowledges that the Website and the service may have errors (or bugs) and may encounter unexpected problems.
ekoflow does not control the flow of data and information through the internet and cannot guarantee uninterrupted connectivity.
ekoflow does not warrant that any data, information or other content provided on the Website is complete or accurate.

7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY ekoflow, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance
User acknowledges that neither ekoflow nor any person acting on its behalf has made any representation or inducement to enter into these Terms of Use except those expressly set out herein.

8. Exclusion and Limitation of Liability

8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence or for fraud.

8.2 Exclusion of liability
Subject to Clause 8.1, ekoflow shall not be liable for indirect or consequential losses including loss of profit, business interruption, or damage to goodwill arising from use of the Website or services.

8.3 Links
ekoflow may provide links to third-party websites. ekoflow is not responsible for the content, operation, or accuracy of those websites.

8.4 Limitation of liability
Subject to Clause 8.1, ekoflow's sole liability for breach of these Terms shall be limited to the replacement of any product or service that has been ordered and paid for using the Website.

8.6 Delivery & Liability
Once an order has been dispatched and handed over to the courier or postal service, responsibility for the delivery passes to the third-party carrier. While tracking may be provided where available, ekoflow cannot be held liable for delays, loss, or damage that occurs during transit.

9. Termination

ekoflow may terminate access to the Website or services at any time if these Terms are breached. Users may terminate these Terms by ceasing use of the Website and services.

10. General

10.1 Severability
If any clause of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

10.2 Variation
ekoflow may amend these Terms at any time by posting updated terms on the Website. Continued use of the Website constitutes acceptance of the updated terms.

10.3 Waiver
A waiver of any provision is effective only if confirmed in writing.

10.4 Assignment
ekoflow may assign or transfer its rights or obligations under these Terms with reasonable notice.

10.5 Governing Law and Jurisdiction
These Terms are governed by the laws of the United Kingdom and disputes shall be subject to the jurisdiction of the UK courts.