Flux Portal Terms of Use

Dated September 2021

  1. Using the Merchant Portal

    1. Merchants.tryflux.com (“the Portal”) is an online service provided by Flux Systems Limited (“Flux”, “We”), a company incorporated in England and Wales that enables merchants to access basic insight analysis based on their own data (“Merchant Data Insights”) and, should they so choose, purchase Flux’s premium offers and insights services when they become available.
    2. If you are using the Portal on behalf of a business, you agree that you are accepting the terms and conditions as set out on this page (“Terms of Use”) and have authority to enter into the Terms of Use, on behalf of that business.
    3. Please note, that as at the date of this notice, the premium offers and insights services are not yet ready for use; and so when available will be subject to further terms and conditions.
    4. If you choose, or are provided with, a user identification code or password, or any other piece of information as part of our security procedures, you must treat that information as confidential. You mustn't disclose it to a third party.
    5. Where our Platform contains links to other sites and resources provided by third parties, these are provided for your information only and should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over them.
    6. We do not guarantee that the Portal will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Portal. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal will cease immediately.

  2. Insights Service

    1. The data inputted by you or to be provided to us by or on your behalf for the purpose of Flux providing the Merchant Data Insights and any additional services includes transaction ID, date, £ amount of purchase, location, merchant name, SKU and item amount (the “Merchant Data”).
    2. We aggregate and/or combine Merchant Data with other data to create flux data (“Flux Data”), which is then used to provide the Merchant Data Insights to you. You confirm that you have all necessary licences, permissions and consents to provide the Merchant Data to us in accordance with these Terms of Use, and acknowledge that we own all of the intellectual property rights in the Flux Data.
    3. Flux may add additional features to the Merchant Data Insights for the purpose of beta testing. Usage of these features will not be mandatory and you will be able to opt into them at which point we will inform you of what (if any) additional data will be required to offer the features; you will also be able to opt out of said features after having opted in. Following beta testing of additional features, Flux may then choose to charge a fee for your continued usage and will give you advance notice of additional features. For the avoidance of doubt, you will not be charged unless you have expressly consented to pay for the same and provide payment details; if you decline to pay for the additional features you will no longer have access to them following our notice period of the beta testing finishing.
    4. Flux:
      1. does not warrant that the Portal or Merchant Data Insights will be error-free;
      2. is not responsible for faults or delays caused by third parties; and
      3. is not liable for any commercial impact to your business activities caused by the implementation of any actions, and as a result of interpretation of any Merchant Data Insights.
    5. You may use the Merchant Data Insights for your own internal business purposes only.

  3. Choice of Law

    1. These Terms of Use are governed and construed in accordance with the laws of England, and any disputes will be decided only by the English courts.
    2. You are only eligible to use the Portal if your business is located in the United Kingdom.

  4. Our right to make changes

    1. Where we need to make changes to these Terms of Use, we reserve the right to do so in any of the circumstances listed at clause 4.2 below by uploading a suitable updated version of these Terms of Use to the Portal.
    2. We reserve the right to change the Terms of Use for the following reasons:
      1. for legal, regulatory or security reasons;
      2. to enhance existing features or add additional features to the Merchant Data Insights;
      3. to implement reasonable technical adjustments and improvements; or
      4. to ensure the ongoing operability of the Merchant Data Insights.
    3. In addition, we may make material changes to these terms and conditions, by providing you with at least 1 (one) full month’s notice of the material change(s) by the email address you have provided.
    4. if any change to these Terms of Use is found to be invalid by any court having competent jurisdiction, in whole or part, the invalidity of that provision will not affect the validity of the remaining Terms of Use which shall remain in full force and effect.

  5. Termination

    1. We may suspend or terminate your access to the Portal immediately by notice if We consider that:
      1. your use of the Merchant Data Insights breach these Terms of Use and/or any applicable law;
      2. you fail to pay any relevant charges for the services as and when they are payable; or
      3. you fraudulently use or misuse the Merchant Data Insights for any purpose beyond that stated in clause 2.4 of these Terms of Use.