By
subscribing to or using any of our services you agree that
you have read, understood and are bound by the Terms, regardless
of how you subscribe to or use the services. If you do not
want to be bound by the Terms, you must not subscribe to or
use our services.
In these Terms, references to "you", "User"
shall mean the end user accessing the Website, its contents
and using the products offered
through the Website, and "we", "us" and
"our" shall mean Bloom Florists Pvt. Ltd. and its
affiliates.
Introduction:
a) www.phoolwala.com/NET websites ("Website")
is an Internet based content and e-commerce portal owned and
operated by mean Bloom Florists Pvt. Ltd, a company incorporated
under the laws of India, with its registered office RT-401,
Third Floor, Rajendra Tower, Opposite Aurobindo College
Main Shivalik Road, Malviya Nagar-New Delhi - 110 017.
b) Use of the Website is offered to you conditioned
on acceptance without modification of all the terms, conditions
and notices contained in these Terms, as may be posted on
the Website from time to time. Bloom Florists Pvt. Ltd at
its sole discretion reserves the right not to accept a User
from registering on the Website without assigning any reason
thereof.
User
Account, Password, and Security:
You will receive a password and account designation upon completing
the Website 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
Phoolwala.com 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. Phoolwala.com cannot and will not be liable for any
loss or damage arising from your failure to comply with this
Section.
Products
Offered:
Phoolwala.com provides a number of flowers arrangements through
the web site, which may change from time to time.
Privacy
Policy:
The User hereby consents, expresses and agrees that he has
read and fully understands the Privacy Policy Privacy Policy of Phoolwala.com
in respect of the Website. The user further consents that
the terms and contents of such Privacy Policy are acceptable
to him.
Limited
User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
transfer, or sell any information or software obtained from
the Website. Limited reproduction and copying of the content
of the Website is permitted provided that Phoolwala.com name
is stated as the source and prior written permission of Bloom
Florists is sought. For the removal of doubt, it is clarified
that unlimited or wholesale reproduction, copying of the content
for commercial or non-commercial purposes and unwarranted
modification of data and information within the content of
the Website is not permitted.
User
Conduct and Rules:
You
agree and undertake to use the Website only to place order.
By way of example, and not as a limitation, you agree and
undertake that when using website, you will not:
(a) defame,
abuse, harass, stalk, threaten or otherwise violate the legal
rights of others;
(b) publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material
or information;
(c) conduct or forward surveys, contests, pyramid schemes
or chain letters;
(d) violate any code of conduct
or other guidelines, which may be applicable for or to any
particular product;
(e)violate any applicable laws or regulations for the time
being in force in or outside India; and
(j) violate any of the
terms and conditions of this Agreement or any other terms
and conditions for the use of the Website contained elsewhere
herein.
User
Warranty and Representation:
The user guarantees, warrants, and certifies that you are
the owner of the content which you submit or otherwise authorised
to use the content and that the content does not infringe
upon the property rights, intellectual property rights or
other rights of others. You further warrant that to your knowledge,
no action, suit, proceeding, or investigation has been instituted
or threatened relating to any content, including trademark,
and copyright formerly or currently used by you in connection
with the products rendered by Bloom Florists..
Exactness
Not Guaranteed:
Bloom Florists hereby disclaims any guarantees of exactness
as to the finish and appearance of the final customized Product
as ordered by the user. The quality of any products, information,
or other material purchased or obtained by you through the
Website may not meet your expectations. Images
shown on the page are only for view and actual delivered flowers
design/shape/image shall vary as flowers are sourced from
local city vendor & designed manually.
Intellectual
Property Rights:
a) Unless otherwise indicated or anything contained to the
contrary or any proprietary material owned by a third party
and so expressly mentioned, Bloom
Florists owns all Intellectual Property Rights to and into
the Website, including, without limitation, any and all rights,
title and interest in and to copyright, related rights, patents,
utility models, trade marks, trade names, designs, know-how,
trade secrets and inventions (whether patentable or not),
goodwill, source code, meta tags, databases, text, content,
graphics, icons, and hyperlinks. You acknowledge and agree
that you shall not use, reproduce or distribute any content
from the Website belonging to Phoolwala.com without obtaining
authorization from Bloom Florists Pvt. Ltd.
b) Notwithstanding the foregoing,
it is expressly clarified that you will retain ownership and
shall solely be responsible for any content that you provide
including any text, data, information, images, photographs,
music, sound, video or any other material which you may upload,
transmit or store when making use of our website
Links
To Third Party Sites:
The Website may contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of
Phoolwala.com or the Website and Phoolwala.com is not responsible
for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates
to a Linked Site. Phoolwala.com is not responsible for any
form of transmission, whatsoever, received by you from any
Linked Site. Phoolwala.com is providing these links to you
only as a convenience, and the inclusion of any link does
not imply endorsement by Phoolwala.com or the Website of the
Linked Sites or any association with its operators or owners
including the legal heirs or assigns thereof. The users are
requested to verify the accuracy of all information on their
own before undertaking any reliance on such information.
Disclaimer
Of Warranties/Limitation Of Liability: Phoolwala.com
has endeavored
to ensure that all the information on the Website is correct,
but Phoolwala.com neither warrants nor makes any representations
regarding the quality, accuracy or completeness of any data,
information, product. In no event shall Phoolwala.com be liable
for any direct, indirect, punitive, incidental, special, consequential
damages or any other damages resulting from: (a) the use or
the inability to use the Services; (b)
unauthorized access to or alteration of the user's
transmissions or data; (c) any other matter relating to the
services; including, without limitation, damages for loss
of use, data or profits, arising out of or in any way connected
with the use or performance of the Website. Neither shall
Phoolwala.com be responsible for the delay or inability to
use the Website , the provision of or failure to provide Services,
or for any information, software, products, and
related graphics obtained through the Website, or otherwise
arising out of the use of the website, whether based on contract,
tort, negligence, strict liability or otherwise. Further,
Phoolwala.com shall not be held responsible for non-availability
of the Website during periodic maintenance operations or any
unplanned suspension of access to the website that may occur
due to technical reasons or for any reason beyond Phoolwala.com
control. The user understands and agrees that any material
and/or data downloaded or otherwise obtained through the Website
is done entirely at their own discretion and risk and they
will be solely responsible for any damage to their computer
systems or loss of data that results from the download of
such material and/or data.
Indemnification:
You agree to indemnify, defend and hold harmless Phoolwala.com
from and against any and all losses, liabilities, claims,
damages, costs and expenses (including legal fees and disbursements
in connection therewith and interest chargeable thereon) asserted
against or incurred by Phoolwala.com
that arise out of, result from, or may be payable by virtue
of, any breach or non-performance of any representation, warranty,
covenant or agreement made or obligation to be performed by
you pursuant to these Terms.
Pricing:
Prices for products are described on our Website and are incorporated
into these Terms by reference. All prices are in Indian rupees.
Prices and products change at Phoolwala.com discretion.
Shipping:
Title and risk of loss for all products ordered by you shall
pass on to you upon Phoolwala.com shipment to the Shipper.
Termination:
a) Phoolwla.com may suspend or terminate your use of
the Website or any Service if it believes, in its sole and
absolute discretion that you have breached a term of these
Terms.
b) Notwithstanding Section
15.1 above, these Terms will survive indefinitely unless and
until Phoolwala.com chooses to terminate them.
c) If you or Phoolwala.com terminates your use
of the Website or any Service, Phoolwala.com may delete any
content or other materials relating to your use of the Service
and Phoolwala.com will have no liability to you or any third
party for doing so.
d) You shall be liable
to pay for any product that you have already ordered till
the time of Termination by either party whatsoever. Further,
you shall be entitled to your royalty payments that has
or is legally deemed accrued to you.
Governing
Law:
These terms shall be governed by and constructed in accordance
with the laws of India
without reference to conflict of laws principles and disputes
arising in relation hereto shall be subject to the exclusive
jurisdiction of the courts at New
Delhi.
Headings:
The headings and subheadings herein are included for convenience
and identification only and are not intended to describe,
interpret, define or limit the scope, extent or intent of
the Terms or the right to use the Website by you contained
herein or any other section or pages of the Website or any
Linked Sites in any manner whatsoever.
Interpretation
Of Number And Genders:
The Terms herein shall apply equally to both the singular
and plural form of the terms defined. Whenever the context
may require, any pronoun shall include the corresponding masculine
and feminine. The words "include", "includes"
and "including" shall be deemed to be followed by
the phrase "without limitation". Unless the context
otherwise requires, the terms "herein", "hereof",
"hereto", "hereunder" and words of similar
import refer to the Terms as a whole.
Severability:
If any provision of the Terms is determined to be invalid
or unenforceable in whole or in part, such invalidity or unenforceability
shall attach only to such provision or part of such provision
and the remaining part of such provision and all other provisions
of these Terms shall continue to be in full force and effect.
Report
Abuse:
As per these Terms, users are solely responsible for every
details, or content provided on to the Website. Phoolwala.com
does not review the contents in any way before they appear
on the database/ website. Phoolwala.com does not verify, endorse
or otherwise vouch for the contents of any user or any content
generally posted or uploaded on to the Website. Users can
be held legally liable for their contents and may be held
legally accountable if their contents or material include,
for example, defamatory comments or material protected by
copyright, trademark, etc. If you come across any abuse or
violation of these Terms, please report to support@phoolwala.net