Terms
|
Bloomfields Flowers Terms of Use ATTENTION: This notice is issued by Bloomfields Flowers. Using this Website indicates that You accept these Terms. If You do not accept these Terms, do not use this Website. The Company may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because they are binding on You. 1 INTRODUCTION 1.2 You warrant that You are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Website in accordance with all Terms. 1.3 You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, You must provide and are responsible for all equipment necessary to access the Website. 1.4 The Company makes no guarantee that the Website will be continuously accessible – without interruption or delay – and completely error free 100% of the time. The Company accepts no liability or responsibility for any breaches of security, interruptions or delays, or errors, which You might experience on the Website. 1.5 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control. 1.6 The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to You or any third party for any modification or withdrawal of the Website. 2 PERSONAL USE ONLY 2.2 As a condition of Your use of this Website, You warrant to the Company that You will not use this Website for any purpose that is unlawful or prohibited by these Terms. 2.3 You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access following 'Remember Me' registration. 2.4 You warrant that the Personal Information that You provide when You place an order is accurate and complete in all respects and You will notify the Company of any changes to Your Personal Information. 2.5 You agree not to impersonate any other person or to use a false name that You are not authorised to use. 3. USE OF MATERIAL APPEARING ON THE WEBSITE AND INTELLECTUAL PROPERTY POLICY 3.2 Any content contained in sponsor advertisements or any information presented to You through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights. 3.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by or licensed to the Company. This includes all text, graphics, images, photographs, video and sound material. 3.4 It is a breach of copyright to use photographic images found on any part of the Website without gaining the Company’s prior permission. If You would like to use an image found on the Website, please contact the Company for further details. 3.5 If You breach any of these Terms Your permission to use the Website and any extracts of material from it terminates and You must immediately destroy any downloaded or printed extracts from the Website. 4 VISITOR MATERIAL AND CONDUCT 4.2 You are prohibited from posting or transmitting to the Website any material: 4.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or 4.2.2 for which You have not obtained all necessary licences and/or approvals; or 4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in Canada or abroad; or 4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 4.3 You may not misuse the website (including, without limitation, by hacking). 4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity and/or location of anyone posting any material in breach of Clauses 4.2 or 4.3 above. 5 LINKS TO THIRD PARTY WEBSITES 5.2 Links to third party websites on this Website are provided solely for Your convenience. If You use these links, You leave this Website. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk. 6. LINKS TO THE WEBSITE 6.1.1 You do not remove, distort, otherwise alter the size 6.1.2 You do not create a frame or any other browser or border environment around the Website; 6.1.3 You do not in any way imply that the Company is endorsing anything other than its own operations; 6.1.4 You do not misrepresent Your relationship with the Company nor present any other false information about the Company; 6.1.5 You do not otherwise use the Company name and logo without express written permission from the Company; 6.1.6 You do not link from a website that is not owned by You; 6.1.7 Your website does not contain content that is distasteful, offensive or controversial, or which infringes any intellectual property rights or other rights of any person or which otherwise does not comply with all applicable laws and regulations. 6.2 The Company expressly reserves the right to revoke the permission granted in Clause 6.1 if You breach the terms set out therein, and to take any action in respect of such breach as it deems appropriate. 6.3 You agree to compensate the Company for any loss or damage suffered by the Company as a result of Your breach of the terms of Clause 6.1. 7 INFORMATION MANAGEMENT AND SECURITY 7.2 When the Company asks You to submit financial information, such as Your credit or debit card number the Company uses industry standard technology for secure commercial transactions. This encrypts data, including Your credit or debit card number. The Company will not be liable for any unauthorised transactions made using Your personal or financial details. Most banks or credit card providers either cover all charges resulting from such unauthorised use or limit Your liability to a maximum amount. Refer to Your credit or debit card agreement to check Your coverage liability. 7.3 Your dealings with any third parties via the Website and any terms or conditions agreed with, or representations given by, them, are solely between You and such third parties. The third party will be responsible for protection and security of Your personal data or financial details which they collect. You agree that the Company is not liable for such dealings. 8 DISCLAIMER OF LIABILITY 8.2 All information found on the Website is intended for guidance only. The Company will not be liable or responsible for any damage or loss caused as a result of Your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website. 8.3 The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided "as is" and "as available", with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website. 8.4 All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions You may wish to make. Instead You should consult an appropriate professional in order to obtain specific advice tailored to Your situation. 8.5 Material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website. 8.6 Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website. 8.7 The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by You. The Company will not be held liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your access to, use of, or browsing of any material on the Website. 8.8 If Your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You shall be responsible for all costs thereof. 8.9 Nothing in these Terms shall exclude any liability of the Company, which cannot be excluded or limited under applicable law. 8.10 Subject to Clause 8.9 You enter the Website entirely at Your own risk and if You are dissatisfied with any portion of the Website, or with any of these Terms of use, Your sole and exclusive remedy is to discontinue using the Website. 9 LIABILITY 9.1.1 any loss of profit, business, revenue, goodwill, data or anticipated savings (whether direct, indirect or consequential); or 9.1.2 any indirect or consequential loss or damage, or other claims for consequential compensation whatsoever in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing this Website or Your downloading of any material from this Website or any websites linked to this Website. 9.2 Nothing in these Terms shall exclude or limit the Company’s liability for: 9.2.1 death or personal injury caused by negligence ; or 9.2.2 fraud; or 9.2.3 misrepresentation as to a fundamental matter; or 9.2.4 any liability, which cannot be excluded or limited under applicable law. 10 JURISDICTION 11 DELIVERIES 11.2 In the event of non delivery within Canada due to an incorrect address or recipient information supplied by the purchaser, or if the recipient specified by the customer refuses to accept the parcel, Bloomfields Flowers reserves the right to make a charge of a minimum of 75% of the original order for re-directing or re-sending the order. All Prices stated on our site are for delivery to Canada and the US only. 12 CANCELLATION & CLAIMS These Terms are issued by Bloomfields Flowers - 101 Fourth Avenue, Ottawa, ON, K1S 2L1, Canada. |