Your privacy is critically important to us.
GREENHOUSE AGRITECH PRIVATE LIMITED (Flower Bazaaar)
It is GREENHOUSE AGRITECH PRIVATE LIMITED’s policy to respect your privacy regarding any information we may collect while operating our Application/Website. This Privacy Policy applies to https://www.flowerbazaaar.com (hereinafter, "us", "we", or "https://www.FlowerBazaaar.com"). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.
Website Visitors
Like most website operators, GREENHOUSE AGRITECH PRIVATE LIMITED collects non-personally- identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. GREENHOUSE AGRITECH PRIVATE LIMITED’Spurpose in collecting non-personally identifying information is to better understand how GREENHOUSE AGRITECH PRIVATE LIMITED’s visitors use its website. From time to time, GREENHOUSE AGRITECH PRIVATE LIMITED’s may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
GREENHOUSE AGRITECH PRIVATE LIMITED also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://www.flowerbazaaar.com blog posts. GREENHOUSE AGRITECH PRIVATE LIMITED only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors to GREENHOUSE AGRITECH PRIVATE LIMITED’swebsites choose to interact with GREENHOUSE AGRITECH PRIVATE LIMITED in ways that require GREENHOUSE AGRITECH PRIVATE LIMITED to gather personally-identifying information. The amount and type of information that GREENHOUSE AGRITECH PRIVATE LIMITED gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at https://www.flowerbazaaar.com to provide a username and email address.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Advertisements
Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by GREENHOUSE AGRITECH PRIVATE LIMITED and does not cover the use of cookies by any advertisers.
Links to External Sites
Our Service may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.
Links to External Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
https://www.flowerbazaaar.com uses Google AdWords for remarketing
https://www.flowerbazaaar.com uses the remarketing services to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Aggregated Statistics
GREENHOUSE AGRITECH PRIVATE LIMITED may collect statistics about the behavior of visitors to its website.
GREENHOUSE AGRITECH PRIVATE LIMITEDmay display this information publicly or provide it to others. However,
GREENHOUSE AGRITECH PRIVATE LIMITED does not disclose your personally-identifying information.
Privacy Policy Changes
Although most changes are likely to be minor, GREENHOUSE AGRITECH PRIVATE LIMITED may change its Privacy Policy from time to time, and in GREENHOUSE AGRITECH PRIVATE LIMITED sole discretion. GREENHOUSE AGRITECH PRIVATE LIMITED encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Contact Information
If you have any questions about this Privacy Policy, please contact us at Info@flowerbazaaar.com
Buyers’ Terms of Use
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE AVAILING SERVICES ON THIS PLATFORM. AVAILING SERVICES THROUGH THIS PLATFORM SIGNIFIES YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT ACCESS THIS PLATFORM FOR ANY SERVICES.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Use without prior permission from You or providing notice to You. Your usage of the platform Obliges You to periodically check the Terms of Use and stay updated on its requirements. If You continue to use the Application or avail any of its services without registration following such change, You shall be deemed to have consented to such amended terms.
- INTRODUCTION
- flowerbazaaar.in (hereinafter referred to as “Flowerbazaaar”, “Website” or “Platform”, which terms include the website, sub-domains of the website, software, mobile application(s) or any other medium through which the Owner may provide its services) is owned and operated by Greenhouse Agritech Pvt. Ltd. (“the Owner”), a company incorporated under the provisions of the Companies Act, 2013 having its registered office at No. 58, 5th Main Road, 11th Cross, AK Halli, Wilson Garden, Bengaluru – 560 027.
- Flowerbazaaar is an internet-based platform for buying and selling of flowers. The Platform connects growers and suppliers with consumers, florists and distributors and acts as an online marketplace for facilitation of the buying and selling of flowers and floral related products. The Platform acts as a flower and floral products distribution service provider and allows users to conveniently book and obtain delivery of flowers and floral related products through the services of third party suppliers. The Platform does buy or sell any products itself and merely connects purchasers / buyers with suppliers who advertise their wares through the Platform.
- The services offered by the Owner are subject to registration on the Platform, satisfaction of the criteria specified by the Owner, and acceptance of these terms and conditions.
- For the purpose of these Terms of Use, wherever the context so requires, "you" or "buyer" shall mean any natural or legal person who has agreed to use the Platform and purchase products offered for sale by third party sellers through the Platform, whether registered or not, including buyers whose accounts will expire and / or stand expired. The terms "we", "us", "our" shall mean the Platform and / or the Owner as the context may so require; “seller” shall mean any natural or legal person who has registered with the Platform as a seller and who offers for sale any products through the Platform.
- This document is an electronic record under the provisions of the Information Technology Act, 2000 and relevant Rules framed there under (as applicable or amended from time to time). This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and User agreement for access or usages of the website and Platform.
- These Terms of Use, together with the Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and the Owner in relation to your use of the Platform.
- Acceptance of these terms is a prerequisite for usage of Services on the Platform. By virtue of using or registering on the Platform or Website, it is deemed that you accept all and any of the terms and conditions specified in this Agreement. The Agreement constitutes the entire agreement between you and the Owner and governs your use of the Platform's Services and the goods sold by You through the Platform, superseding any prior agreements between you and the Owner.
- Scope of Service
- The Platform allows registered buyers to select the quantity of any goods they wish to procure, submit their location or desired location for supply of such goods and select the date for such delivery by third party sellers. The Platform provides logistical and delivery services through the registered sellers.
- The Platform acts as an online marketplace for the purchasing and selling of flowers and floral related products. The Platform acts as a distribution service provider with the help of affiliated sellers who provide fulfilment of buyers’ orders or bookings. The Platform allows buyers to make payment in respect of their bookings and also to track the booking / delivery through the selected / designated supplier.
- The Platform aggregates sellers and florists in order to provide quick and efficient delivery of flowers and floral related products to buyers who intend to source flowers or floral related products. The Platform acts as a facilitator of the flower and floral product distribution through its digital platform.
- The Platform does not own, purchase or directly sell any products advertised on the Platform. The Platform does not pre-screen sellers and therefore does not guarantee or endorse any items sold on the Platform or any content posted by sellers (such as photographs, Specifications or other details) in respect of their products.
- Each seller on the Platform has their own order processing, packaging, dispatch and delivery times and the Platform is not responsible or in any manner liable for the fulfillment and delivery of orders by the individual sellers.
- Upon the placing of an order by a buyer, sellers will be alerted through the Platform of the order details and will have to accept the order through the Platform and thereafter regularly update the buyer through the Platform at each stage of the order processing, specifically after packing, after delivering the package to the transporter and upon delivery of the package.
- At the time of receipt of delivery of any product by a supplier to the buyer, the buyer must upload photographs of the product onto the Platform to authenticate deliveries.
- The Platform reserves its right to deny access to buyers and /or sellers who abuse the Platform in any manner or violate any of the terms of service of the Platform.
- Registration With the Platform
- Persons desirous of purchasing any product(s) on the Platform must register with the Platform and provide necessary details such as Name, Organization’s name, contact number, registered address, email address, branch office addresses. The Seller must also designate a primary point of contact and secondary points of contact as required.
- You agree and undertake that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you and to provide you our services. In case of any subsequent change in any of the details provided to us at the time of registration, you are solely responsible to update such information or intimate the Platform of such change(s). You undertake that you are authorized by your organization to enter into legally binding agreements on its behalf and registration with the Platform would legally bind your organization and the Platform to these Terms of Use of the Platform.
- You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person or organization who in our opinion possesses more than one registration at any time.
- You are not entitled to allow any other person / organization to use your registration. You may not impersonate any other person or organization in any registration whether or not that other person is a user of the Platform. You are wholly responsible for your password and will be responsible for any misuse of the Platform of whatsoever nature caused from your account due to any negligent act on your part or due to any act of your employees or agents.
- You may Delete your account at any time by clicking delete button. Upon receipt of such an e-mail request, the Platform shall cancel your registration within 7 (seven) working days. However, upon such cancellation, you will no longer be able to use or utilize any service of the Platform. The Owner reserves its right to retain your information and history of usage of the Platform after cancellation of your registration for the purposes of maintaining its transaction records, analytics and dispute resolution.
- We reserve the right to terminate your registration immediately without prior notice in the following circumstances :
- If, in our opinion, you have breached any of the terms of the Agreement.
- If you fail to make any payments due to the Owner / Platform after availing of its services.
- If, in our opinion, you are utilizing the Platform in an unlawful or unethical manner or in any manner commercially exploiting the services being provided to you or the aggregated information stored by the Platform.
- If we receive more than three complaints against you from sellers or individuals regarding incorrect information furnished by you to us or with respect to payment issues or false complaints being made by you against sellers.
- If you attempt to hack, gain unauthorized access, manipulate, reverse engineer or in any way attempt to affect the integrity of the Platform
- In the event that you are informed that you will no longer be entitled to access the services, you will not be entitled to register again and you will no longer have permission to use the Site.
- Use and Abuse of the Platform
- You acknowledge that you have been granted a limited license to access and make use of the Platform for purchasing flowers and floral related products either for your personal use or for your own commercial use.
- You acknowledge that by using the Platform, you are permitting the Platform to share your personal information with third party sellers for the purpose of fulfilling your bookings / orders through the Platform.
- You can use Flower Bazaaar’s Messenger (“Messages”) tool to communicate directly with sellers. Messages are a great way to ask sellers any questions you have about an item or an order. Messages may not be used for the following activities:
- Sending unsolicited advertising or promotions, requests for donations or spam.
- Harassing or abusing another Sellers or otherwise violating our Terms & Conditions/Policies.
- Contacting someone after they have explicitly asked you not to
- Interfering with a transaction or the business of another buyer or seller.
- You may not use the site to publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal information or content.
- We reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.
- You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data for the purposes of sending unsolicited email or for any other use. Making false bookings or attempting to impersonate a User will also amount to abuse of the Platform and strict action will be taken by the Platform in the event of any fraudulent behaviour by or on behalf of any User or through any User’s account.
- In the event that you are found by us to have been sending unsolicited email to any buyers or other sellers or have been acting in a fraudulent manner, then we reserve the right to terminate without notice your use of the Platform without limiting any other rights and remedies we may have.
- By creating an account with us you confirm that :
- all information and details provided by you to us (including on registration for an account) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time through the Platform;
- you only provide us with payment, credit or debit card details for an account which is yours and which you are authorised to use to make or receive payments;
- you will not do anything which may disrupt, damage, or impair the Service (or any part thereof), or prevent other users from using any part of the Service;
- you will not intercept or modify the communications between the Platform and our servers;
- you will not deliberately exploit any bugs you find in the Platform and will immediately notify us in the event that you detect any bug of whatsoever nature;
- you will not use the Platform for any illegal or unlawful purpose;
- you will not distribute viruses or any other technologies in the Platform that may harm us or the interests of any other users of the Services, or otherwise interfere with or disrupt our systems; and
- you will not provide or otherwise make available the Platform or website in whole or in part (including any object and source code), in any form to any person without prior written consent from us.
- You will not host, display, upload, modify, publish, transmit, update or share any information which :
- belongs to another person and to which you do not have any right;
- is misrepresentative, false or misleading, grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- violates any law for the time being in force;
- impersonates another person
- Charges, Cancellations and Refunds
- charges
- The charges for each product are fixed by the Seller and the Platform does not have any discretion or authority to fix or negotiate prices. Prices are displayed on the Platform based on the seller’s inputs, including price of products, transportation charges, etc. The Platform does not charge any amount separately to the buyers.
- The charges for any product(s) are payable in advance at the time of placing of the order by the buyer.
- You may make the payment towards the purchase of any product(s) on the Platform through third party payment gateways provided through the Platform. Your usage of such payment gateways are subject to the terms of such payment gateways and their owners and the Platform is not responsible for any issue with payment through the Platform. The Platform does not store your account details or payment credentials and will only store the transactional data (amount and date and time of the transaction) for ensuring proper accounting and maintaining the records of the Platform.
- Cancellations
- Flower Bazaaar is a B2B company which deals in Fresh Flowers & Leaves i.e agricultural produce, and hence does not support returns. Flower Bazaaar operates with perishables and therefore cannot accept return of any delivered product(s).
- Subject to each seller’s cancellation policy as displayed on the Platform, buyers shall be entitled to cancel an order only under the following circumstances :
1. Non-Delivery
A non-delivery occurs when a buyer places an order but does not receive the product(s).
2. Defective product or product not as described
A product is ‘not as described’ if the buyer can demonstrate that it is significantly different from the seller’s listing description or photos. Examples of defective product situations are :
- The item received is a different colour, or Variety.
- The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
- The item received was not as per advertised.
- There is major variation in the Stem length received.
- The condition of the item is misrepresented (e.g., the item is described as Fresh but is of Low Quality)
- Cancellations shall not be permitted in the following circumstances :
- After three hours of receiving the product(s). As all products sold through the Platform are of a perishable nature, any issue with respect to the product must be raised by the buyer within 3 (three) hours of receipt of the delivery.
- Products are damaged by the delivery carrier (if properly packaged by the seller).
- Products that have altered or used by the buyer in any manner
- Products are accurately described but don’t meet a buyer's expectations.
- Disputes between the buyer and seller with respect to cost of delivery or delivery charges.
- Products are purchased in person from any seller.
- For any transactions where payment is not made via the Flower Bazaaar checkout system.
- Cancellation by the seller
- If any order placed by a buyer is cancelled by the seller for any reason then the seller shall be liable to bear the cost of refund the buyer.
- Refunds
Due to the perishable nature of products sold through the Platform, any claim of refund will have to be decided on a case to case basis. In case of valid cancellations due to defective products or non-delivery, buyers shall be entitled to full refund of any amounts paid by them to the seller.
- Advertising, Commercial Use and Communications
- You are not entitled to resell or commercially exploit the Platform’s contents except by using the Platform for purchasing or selling products.
- You acknowledge that certain third party advertisements may be placed / made use of in the Platform. You acknowledge that such advertisements are placed by third parties and the Platform/ Owner is not directly responsible for such advertisements or for any links contained therein. /
- You acknowledge that the Platform may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Platform.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
- By displaying user-generated content on this site you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
- We do not pre-screen sellers and therefore the Platform does not guarantee or endorse any items sold through the Platform or any content posted by sellers (such as photographs, specifications, delivery timelines or other details) and we do not give any assurance as to its accuracy or completeness.
- This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
- By using the Platform, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails and/or text messages, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this Website. You agrees to receive promotional communication and newsletters from the Owner / Platform. You also provide consent to the Platform making calls, sending out e-mails and/or text messages on behalf of You to buyers and to the e-mail ids and phone numbers provided by you.
- Your consent to receive communications from the Platform or Owner includes contacting you through information received through other parties. The use of this Website is also your consent to receive SMSes from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
- Intellectual Property, including Copyright and Trademark
- The Owner expressly reserve all intellectual property rights in all text, programs, services, processes, technology, images, content and other materials which appear on the Platform. Access to or use of the Platform does not confer and should not be considered as conferring upon anyone any license to the Owner’s or any third party’s intellectual property rights. All rights, including copyright, in and to the Platform are owned by or licensed to the Owner. Any use of the Platform or its contents, including copying or storing it or them in whole or part is prohibited without the express permission of the Owner.
- You may not modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Owner, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to or use of the Platform does not authorize anyone to use any name, logo or mark in any manner. References on the Platform to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply the Platform’s endorsement, sponsorship or recommendation of the third party, the information, its services.
- Upon registration, you grant the Owner a right to use and display your name and logo, if any, on its website, brochures and marketing materials.
- The Platform is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.
- Privacy Policy
You are requested to go through the privacy policy of the Platform and the Privacy Policy shall be binding on you and the Platform. In the event you don’t agree with the Privacy Policy, we request you not to use the Platform.
- Disclaimer of warranties
- Your use of this Platform is at your own risk. This Platform is provided by the Owner on an "as is" and "as available" basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform.
- This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, Content, materials, or products on the Platform, including that:
- This Platform and its services will meet your requirements.
- This Platform will be uninterrupted, timely, and secure or error free.
- The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and
- Errors in the software will be corrected within reasonable time.
- Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
- Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.
- Limitation Of Liability:
- In no event shall the Platform or Owner be liable to any buyer or seller on account of any buyer or seller’s use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if the Platform is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. The Owner does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the Platform.
- The seller of the Platform assumes all responsibility and risk for the use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries’ liability is limited to the fullest extent permitted by law.
- The Platform cannot authenticate or verify any of the data collected from any device owned or used by any user or may not be able to authenticate and verify data received from its business Partners. The Platform shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any user or seller or by any business partner of the Platform, whether or not such information is relied upon by the Platform and / or any user. The Platform shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any user or the data generated by such device or by any partner of the Platform.
- Indemnity
- You agree to indemnify, defend and hold the Owner / Platform harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of content generated by you or advertisement made by you or order placed upon you through the Platform and in general for your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy.
- You hereby agree to indemnify, defend and hold harmless the Owner, its promoters, Directors, representatives, licensees, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
- Any violation by you of these Terms of Use.
- Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of the Platform;
- If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Owner and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
- Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, the Owner shall be entitled to claim appropriate sums towards damages and compensation from you and other responsible parties in case loss of business, loss of profit or loss of reputation due to any fraud or misrepresentation committed by you or your employees or agents.
- Miscellaneous
- Third Party Services :
- While using the Website / Platform, you may also be using the services of one or more third parties, such as wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, Conditions of Use, Service Terms and fees of these third parties.
- You shall be solely responsible for your mode of accessing the Platform and such access may involve third party fees including airtime charges or internet service provider(s)’ charges, etc., which shall be exclusively borne by you.
- Change in terms of Use :
This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
- Monitoring of Materials Transmitted By You:
Changes may be periodically incorporated into the Platform. The Platform may make improvements and/or changes in the products, services and/or programs described in the Platform without any prior notice. We are under no obligation to monitor the material hosted or published on or transmitted to the Platform. However, anyone using the Platform agrees that the Owner may monitor the Platform’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. The Owner reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
- Deletions from Service :
The Platform may delete any materials or content at the request of the user who submitted such material or content or based on its operational requirements. The Platform reserves the right to delete (or to refuse to post to public forums) any material, information or content it deems detrimental to the system or is, or which may be, in the opinion of the Owner, defamatory, infringing or violative of any applicable law. Materials submitted to the Platform for publication may be edited for length, clarity and/or consistency with the Platform’s editorial standards.
- Notices :
All notices, demands and other communications from you to Flower Bazaaar must be in writing and will be deemed to have been given (a) if mailed by registered post (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified below.
Greenhouse Agritech Pvt. Ltd.
No. 58, 5th Main Road, 11th Cross, AK Halli, Wilson Garden, Bengaluru – 560 027.
Email – info@flowerbazaaar.com
All notices sent to you by the Platform will be sent to the email address provided to us (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
- Severability :
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
- False Information :
If at any point of time, the Platform finds that the information provided by you in your registration or web mail is false, the Owner and Platform reserve the right to terminate your account and remove all or any content previously posted by you. You hereby agree to: (a) provide true, accurate and complete information about yourself to the Platform; and (b) maintain and promptly update the details or information to keep it true, accurate, current and complete.
- Dispute Resolution :
- If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
- However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to binding Arbitration under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
- The arbitration shall be conducted by a sole arbitrator appointed by the Owner. The place of arbitration shall be Bangalore, India and the arbitral proceedings shall be conducted in English.
- The award of the arbitrator shall be final, conclusive and binding upon the parties.
- Entire Agreement :
These Terms, along with our Privacy Policy, constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms.
If at any time you would like to contact us with your views about our terms of use, you can do so by emailing us at info@flowerbazaaar.com
Sellers’ Terms of Use
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE AVAILING SERVICES ON THIS PLATFORM. AVAILING SERVICES THROUGH THIS PLATFORM SIGNIFIES YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT ACCESS THIS PLATFORM FOR ANY SERVICES.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Use without prior permission from You or providing notice to You. Your usage of the platform Obliges You to periodically check the Terms of Use and stay updated on its requirements. If You continue to use the Application or avail any of its services without registration following such change, You shall be deemed to have consented to such amended terms.
- INTRODUCTION
- flowerbazaar.in (hereinafter referred to as “Flowerbazaar”, “Website” or “Platform”, which terms include the website, sub-domains of the website, software, mobile application(s) or any other medium through which the Owner may provide its services) is owned and operated by Greenhouse Agritech Pvt. Ltd. (“the Owner”), a company incorporated under the provisions of the Companies Act, 2013 having its registered office at No. 58, 5th Main Road, 11th Cross, AK Halli, Wilson Garden, Bengaluru – 560 027.
- Flowerbazaar is an internet-based platform for buying and selling of flowers. The Platform connects growers and suppliers with consumers, florists and distributors and acts as an online marketplace for facilitation of the buying and selling of flowers and floral related products. The Platform acts as a flower and floral products distribution service provider and allows users to conveniently book and obtain delivery of flowers and floral related products through the services of third party suppliers. The Platform does buy or sell any products itself and merely connects purchasers / buyers with suppliers who advertise their wares through the Platform.
- The services offered by the Owner are subject to registration on the Platform, satisfaction of the criteria specified by the Owner, and acceptance of these terms and conditions.
- For the purpose of these Terms of Use, wherever the context so requires, "you" or "seller" shall mean any natural or legal person who has agreed to use the Platform and offer products for sale through the Platform, whether registered or not, including sellers whose accounts will expire and / or stand expired. The terms "we", "us", "our" shall mean the Platform and / or the Owner as the context may so require; “buyer” shall mean any natural or legal person who has registered with the Platform as a buyer and who is interested of availing any products through the Platform.
- This document is an electronic record under the provisions of the Information Technology Act, 2000 and relevant Rules framed there under (as applicable or amended from time to time). This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and User agreement for access or usages of the website.
- These Terms of Use, together with the Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and the Owner in relation to your use of the Platform.
- Acceptance of these terms is a prerequisite for usage of Services on the Platform. By virtue of using or registering on the Platform or Website, it is deemed that you accept all and any of the terms and conditions specified in this Agreement. The Agreement constitutes the entire agreement between you and the Owner and governs your use of the Platform's Services and the goods sold by You through the Platform, superseding any prior agreements between you and the Owner.
- Scope of Service
- The Platform allows registered buyers to select the quantity of any goods they wish to procure, submit their location or desired location for supply of such goods and select the date for such delivery by third party sellers. The Platform provides logistical and delivery services through the registered sellers.
- The Platform acts as an online marketplace for the purchasing and selling of flowers and floral related products. The Platform acts as a distribution service provider with the help of affiliated sellers who provide fulfilment of buyers’ orders or bookings. The Platform allows buyers to make payment in respect of their bookings and also to track the booking / delivery through the selected / designated supplier.
- The Platform aggregates sellers and florists in order to provide quick and efficient delivery of flowers and floral related products to buyers who intend to source flowers or floral related products. The Platform acts as a facilitator of the flower and floral product distribution through its digital platform.
- The Platform does not own, purchase or directly sell any products advertised on the Platform. The Platform does not pre-screen sellers and therefore does not guarantee or endorse any items sold on the Platform or any content posted by sellers (such as photographs, Specifications or other details) in respect of their products.
- Each seller on the Platform has their own order processing, packaging, dispatch and delivery times and the Platform is not responsible or in any manner liable for the fulfillment and delivery of orders by the individual sellers.
- Upon the placing of an order by a buyer, sellers will be alerted through the Platform of the order details and will have to accept the order through the Platform and thereafter regularly update the buyer through the Platform at each stage of the order processing, specifically after packing, after delivering the package to the transporter and upon delivery of the package. You must also upload photos of the product prior to and post packaging on the Platform to ensure transparency in operations and delivery.
- At the time of receipt of delivery of any product by a supplier to the buyer, the buyer must upload photographs of the product onto the Platform to authenticate deliveries.
- Upon authentication, payments received by the Platform from the buyer shall be passed on the seller after deduction of the Platform’s fixed commissions
- The Platform reserves its right to deny access to buyers and /or sellers who abuse the Platform in any manner or violate any of the terms of service of the Platform.
- Registration With the Platform
- Persons desirous of selling any product on the Platform must register with the Platform and provide necessary details such as Name, Organization’s name, contact number, registered address, email address, branch office addresses. The Seller must also designate a primary point of contact and secondary points of contact as required.
- You also have the option of linking your social media accounts, such as your Facebook, LinkedIn or Google account to your Flowerbazaar account. If you choose to link your social media account with your Flowerbazaar account, we collect basic information about you from those social media platforms, such as : name, age, gender, location and e-mail address. Information collected about you is subject to the Privacy Policy of the Platform, which may be read as part and parcel of these Terms of Use.
- You agree and undertake that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you and to provide you our services. In case of any subsequent change in any of the details provided to us at the time of registration, you are solely responsible to update such information or intimate the Platform of such change(s). You undertake that you are authorized by your organization to enter into legally binding agreements on its behalf and registration with the Platform would legally bind your organization and the Platform to these Terms of Use of the Platform.
- You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person or organization who in our opinion possesses more than one registration at any time. However, subject to payment of subscription charges as applicable, we may permit Sellers to include additional accounts under their primary registration for ease of operations.
- You are not entitled to allow any other person / organization to use your registration. You may not impersonate any other person or organization in any registration whether or not that other person is a user of the Platform. You are wholly responsible for your password and will be responsible for any misuse of the Platform of whatsoever nature caused from your account due to any negligent act on your part or due to any act of your employees or agents.
- You may Delete your account at any time by clicking delete button. Upon receipt of such an e-mail request, the Platform shall cancel your registration within 7 (seven) working days. However, upon such cancellation, you will no longer be able to use or utilize any service of the Platform. The Owner reserves its right to retain your information and history of usage of the Platform after cancellation of your registration for the purposes of maintaining its transaction records, analytics and dispute resolution.
- We reserve the right to terminate your registration immediately without prior notice in the following circumstances :
- If, in our opinion, you have breached any of the terms of the Agreement.
- If you fail to make any payments due to the Owner / Platform after availing of its services.
- If, in our opinion, you are utilizing the Platform in an unlawful or unethical manner or in any manner commercially exploiting the services being provided to you or the aggregated information stored by the Platform. These include interfering with other sellers’ products or listings by:
- Contacting another Buyer/Seller via Flower Bazaaar Messages to warn them away from a particular member, shop, or item.
- Posting in public areas to demonstrate or discuss a dispute with other Buyers/Sellers.
- Purchasing from a seller for the sole purpose of leaving a Positive or negative review.
- Maliciously clicking on a competitor's Promoted Listings ads in order to drain that member's advertising, also known as 'click fraud'.
- If we receive more than three complaints against you from buyers or individuals regarding incorrect information furnished by you to us or with respect to delivery issues, including quality of products, delay in delivery, etc.
- If you attempt to hack, gain unauthorized access, manipulate, reverse engineer or in any way attempt to affect the integrity of the Platform
- In the event that you are informed that you will no longer be entitled to access the services, you will not be entitled to register again and you will no longer have permission to use the Site.
- Use and Abuse of the Platform
- You acknowledge that you have been granted a limited license to access and make use of the Platform for commercial purposes by advertising your products through the Platform and are wholly responsible for fulfilling any deliveries / orders placed on you through the Platform.
- You acknowledge that by using the Platform, you are permitting the Platform to share your personal information with third party buyers for the purpose of fulfilling your bookings / orders through the Platform.
- You can use Flower Bazaaar’s Messenger (“Messages”) tool to communicate directly with sellers. Messages are a great way to ask sellers any questions you have about an item or an order. Messages may not be used for the following activities:
- Sending unsolicited advertising or promotions, requests for donations or spam.
- Harassing or abusing another Sellers or otherwise violating our Terms & Conditions/Policies.
- Contacting someone after they have explicitly asked you not to
- Interfering with a transaction or the business of another buyer or seller.
- You may not use the site to publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal information or content.
- We reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.
- You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data for the purposes of sending unsolicited email or for any other use. Making false bookings or attempting to impersonate a User will also amount to abuse of the Platform and strict action will be taken by the Platform in the event of any fraudulent behaviour by or on behalf of any User or through any User’s account.
- In the event that you are found by us to have been sending unsolicited email to any buyers or other sellers or have been acting in a fraudulent manner, then we reserve the right to terminate without notice your use of the Platform without limiting any other rights and remedies we may have.
- By creating an account with us you confirm that :
- all information and details provided by you to us (including on registration for an account) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time through the Platform;
- you only provide us with payment, credit or debit card details for an account which is yours and which you are authorised to use to make or receive payments;
- you will not do anything which may disrupt, damage, or impair the Service (or any part thereof), or prevent other users from using any part of the Service;
- you will not intercept or modify the communications between the Platform and our servers;
- you will not deliberately exploit any bugs you find in the Platform and will immediately notify us in the event that you detect any bug of whatsoever nature;
- you will not use the Platform for any illegal or unlawful purpose;
- you will not distribute viruses or any other technologies in the Platform that may harm us or the interests of any other users of the Services, or otherwise interfere with or disrupt our systems; and
- you will not provide or otherwise make available the Platform or website in whole or in part (including any object and source code), in any form to any person without prior written consent from us.
- You will not host, display, upload, modify, publish, transmit, update or share any information which :
- belongs to another person and to which you do not have any right;
- is misrepresentative, false or misleading, grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- violates any law for the time being in force;
- impersonates another person
- Charges, Refunds and Cancellations
- Platform’s service charges
- The Platform’s charges for the providing its services of facilitating the buying and selling of flowers must be borne by the seller. Such charges shall be in the form of commission on order bookings made by buyers through the Platform and shall be deducted from the amounts paid by the Buyer through / to the Platform.
- Sellers have the sole discretion with respect to pricing of their products on the Platform and such prices as displayed on the Platform shall include all applicable taxes payable by the buyer.
- Buyers shall make payment for their orders through the Platform and such payments made by buyers shall be retained by the Platform in escrow accounts or in the Platform’s accounts until confirmation of delivery by the buyer. Payments due to sellers shall be released to sellers within 3 (three) business days of confirmation of delivery by the buyer.
- The seller is entitled to receive the transportation cost per carton as specified by the seller. Such charges shall be displayed on the Platform and will be collected from the buyer and paid to the Seller without any deduction or commission by the Platform.
- Cancellation
- Sellers are free to specify their individual polices for cancellation of products which will be displayed on the Platform as is by the Owner. The seller’s cancellation policies shall be followed by the Platform and any amounts payable to the seller or the buyer as the case may be in the event of cancellation shall be paid as per the seller’s cancellation policy.
- If any order placed by a buyer is cancelled by the seller for any reason then the seller shall be liable to bear the cost of refund the buyer. Such refund shall be made by the Platform and the seller shall be liable to repay the Platform such amounts paid by them on behalf of the seller. Any amounts paid by the Platform to buyers on behalf of a seller shall be deducted from the amounts payable by the Platform to the seller.
- If an order is rejected or cancelled by the buyer after receipt of delivery of the product due to any defect or deficiency in the product, the seller shall be liable to bear the cost of refund the buyer. Such refund shall be made by the Platform and the seller shall be liable to repay the Platform such amounts paid by them on behalf of the seller. Any amounts paid by the Platform to buyers on behalf of a seller shall be deducted from the amounts payable by the Platform to the seller.
- The Platform shall not act as an arbiter in respect of any dispute between the buyer and seller regarding quality or quantity of the product delivered to the buyer and shall be bound by the buyer’s decision regarding such product.
- Advertising, Commercial Use and Communications
- Sellers on the Platform are entitled to directly advertise to or solicit the custom of other sellers and buyers without our express prior written consent.
- You are not entitled to resell or commercially exploit the Platform’s contents except by using the Platform for selling your products.
- You acknowledge that certain third party advertisements may be placed / made use of in the Platform. You acknowledge that such advertisements are placed by third parties and the Platform/ Owner is not directly responsible for such advertisements or for any links contained therein. /
- You acknowledge that the Platform may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Platform.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
- By displaying user-generated content on this site you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
- We do not pre-screen sellers and therefore the Platform does not guarantee or endorse any items sold through the Platform or any content posted by sellers (such as photographs, specifications, delivery timelines or other details) and we do not give any assurance as to its accuracy or completeness.
- This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
- By using the Platform, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails and/or text messages, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this Website. You agrees to receive promotional communication and newsletters from the Owner / Platform. You also provide consent to the Platform making calls, sending out e-mails and/or text messages on behalf of You to buyers and to the e-mail ids and phone numbers provided by you.
- Your consent to receive communications from the Platform or Owner includes contacting you through information received through other parties. The use of this Website is also your consent to receive SMSes from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
- Seller Code of Conduct
Flower Bazaaar enables you to reach hundreds of customers. With our work ethic, we are dedicated to ensuring a just, trustworthy and seamless buyer and seller experience.
At Flower Bazaaar, we expect you to adhere to the code of conduct principles outlined below. Violation of the code of conduct principles may result in the loss of your selling privileges and removal from Flower Bazaaar Marketplace.
Seller Code of Conduct Principles:
- Adhere to all applicable laws and abide by all Flower Bazaaar policies.
- Maintain current account information.
- Never misrepresent yourself.
- Always act in a manner that ensures a trustworthy experience for Flower Bazaaar customers.
- Never list products that may cause harm to Flower Bazaaar customers.
- Never engage in behavior that could be inappropriate, unprofessional or misleading in any way.
- This applies to all your activities related to Flower Bazaaar, including but not limited to:
- Information provided on your account
- Information provided in listings, content or images
- Communication between you and Flower Bazaaar or you and our customers
- Act fairly at all times. Unfair behavior includes but is not limited to:
- Behavior that could be deemed as manipulation or "gaming" of any part of the buying or selling process and experience.
- Actions that could be perceived as manipulating or trying to unfairly influence customer reviews, including by directly or indirectly contributing false or misleading content.
- Activities that could be perceived as attempting to manipulate Flower Bazaaar’s search results or sales rankings
- Actions that intentionally cause damage to another seller, their listings or their ratings
- Only maintain one Seller account for each region in which you sell, unless there is a legitimate business need for a second account and all of your accounts are in good standing. Examples of a legitimate business justification include:
- You own multiple brands and maintain separate businesses for each of them
- You offer Flowers/Related Products for two distinct and separate companies.
- Intellectual Property, including Copyright and Trademark
- The Owner expressly reserve all intellectual property rights in all text, programs, services, processes, technology, images, content and other materials which appear on the Platform. Access to or use of the Platform does not confer and should not be considered as conferring upon anyone any license to the Owner’s or any third party’s intellectual property rights. All rights, including copyright, in and to the Platform are owned by or licensed to the Owner. Any use of the Platform or its contents, including copying or storing it or them in whole or part is prohibited without the express permission of the Owner.
- You may not modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Owner, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to or use of the Platform does not authorize anyone to use any name, logo or mark in any manner. References on the Platform to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply the Platform’s endorsement, sponsorship or recommendation of the third party, the information, its services.
- Upon registration, you grant the Owner a right to use and display your name and logo, if any, on its website, brochures and marketing materials.
- The Platform is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.
- Privacy Policy
You are requested to go through the privacy policy of the Platform and the Privacy Policy shall be binding on you and the Platform. In the event you don’t agree with the Privacy Policy, we request you not to use the Platform.
- Disclaimer of warranties
- Your use of this Platform is at your own risk. This Platform is provided by the Owner on an "as is" and "as available" basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform.
- This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, Content, materials, or products on the Platform, including that:
- This Platform and its services will meet your requirements.
- This Platform will be uninterrupted, timely, and secure or error free.
- The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and
- Errors in the software will be corrected within reasonable time.
- Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
- Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.
- Limitation Of Liability:</strong
- In no event shall the Platform or Owner be liable to any buyer or seller on account of any buyer or seller’s use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if the Platform is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. The Owner does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the Platform.
- The seller of the Platform assumes all responsibility and risk for the use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries’ liability is limited to the fullest extent permitted by law.
- The Platform cannot authenticate or verify any of the data collected from any device owned or used by any user or may not be able to authenticate and verify data received from its business Partners. The Platform shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any user or seller or by any business partner of the Platform, whether or not such information is relied upon by the Platform and / or any user. The Platform shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any user or the data generated by such device or by any partner of the Platform.
- Indemnity
- You agree to indemnify, defend and hold the Owner / Platform harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of content generated by you or advertisement made by you or order placed upon you through the Platform and in general for your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy.
- You hereby agree to indemnify, defend and hold harmless the Owner, its promoters, Directors, representatives, licensees, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
- Any violation by you of these Terms of Use.
- Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of the Platform;
- If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Owner and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
- Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, the Owner shall be entitled to claim appropriate sums towards damages and compensation from you and other responsible parties in case loss of business, loss of profit or loss of reputation due to any fraud or misrepresentation committed by you or your employees or agents.
- Miscellaneous
- Third Party Services :
- While using the Website / Platform, you may also be using the services of one or more third parties, such as wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, Conditions of Use, Service Terms and fees of these third parties.
- You shall be solely responsible for your mode of accessing the Platform and such access may involve third party fees including airtime charges or internet service provider(s)’ charges, etc., which shall be exclusively borne by you.
- Change in terms of Use :
This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
- Monitoring of Materials Transmitted By You:
Changes may be periodically incorporated into the Platform. The Platform may make improvements and/or changes in the products, services and/or programs described in the Platform without any prior notice. We are under no obligation to monitor the material hosted or published on or transmitted to the Platform. However, anyone using the Platform agrees that the Owner may monitor the Platform’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. The Owner reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
- Deletions from Service :
The Platform may delete any materials or content at the request of the user who submitted such material or content or based on its operational requirements. The Platform reserves the right to delete (or to refuse to post to public forums) any material, information or content it deems detrimental to the system or is, or which may be, in the opinion of the Owner, defamatory, infringing or violative of any applicable law. Materials submitted to the Platform for publication may be edited for length, clarity and/or consistency with the Platform’s editorial standards.
- Notices :
All notices, demands and other communications from you to Flower Bazaar must be in writing and will be deemed to have been given (a) if mailed by registered post (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified below.
Greenhouse Agritech Pvt. Ltd.
No. 58, 5th Main Road, 11th Cross, AK Halli, Wilson Garden, Bengaluru – 560 027.
Email: info@flowerbazaaar.com
All notices sent to you by the Platform will be sent to the email address provided to us (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
- Severability :
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
- False Information :
If at any point of time, the Platform finds that the information provided by you in your registration or web mail is false, the Owner and Platform reserve the right to terminate your account and remove all or any content previously posted by you. You hereby agree to: (a) provide true, accurate and complete information about yourself to the Platform; and (b) maintain and promptly update the details or information to keep it true, accurate, current and complete.
- Dispute Resolution :
- If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
- However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to binding Arbitration under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
- The arbitration shall be conducted by a sole arbitrator appointed by the Owner. The place of arbitration shall be Bangalore, India and the arbitral proceedings shall be conducted in English.
- The award of the arbitrator shall be final, conclusive and binding upon the parties.
- Entire Agreement :
These Terms, along with our Privacy Policy, constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms.
If at any time you would like to contact us with your views about our terms of use, you can do so by emailing us at info@flowerbazaaar.com