MEGAFLOR USA LLC TERMS OF USE
Welcome to www.bloom-direct.com (the “Site”). Bloom-Dircet is a registered DBA of Megaflor USA LLC. By browsing or using the Site or mobile applications (together with the Site, the “Service”), purchasing any floral goods, or other products and services through the Service, or entering into any other transactions with Megaflor USA LLC, you agree to the terms of use set forth herein (the “Agreement”). This Agreement is between you and Megaflor USA LLC (“Megaflor USA”, “we”, “our” or “us”), and it governs your access to and use of the Service. If you do not agree to any part of this Agreement, you are not authorized to use the Service, order product, or enter into any transactions with Megaflor USA LLC.
- AMENDMENTS AND CHANGES
Megaflor USA LLC may amend this Agreement at any time by posting the amended Agreement on the Site, and you agree that you will be bound by any changes to this Agreement. If at any point you do not agree to any portion of the then-current version of this Agreement, you must immediately stop using the Service, cease any ordering, and not renew any subscription service that may be in place. Megaflor USA LLC may make changes to the Service at any time. You further understand that Megaflor USA LLC may discontinue or restrict your use of the Service for any reason or no reason, with or without notice. If you do not agree to any part of the Agreement, you should discontinue your use of the Service.
- PRIVACY STATEMENT
By using the Service, you represent that you have read and consent to our Privacy Statement which is incorporated into this Agreement by this reference. Megaflor USA LLC may revise the Privacy Statement at any time, and the new versions will be available at this link. If at any point you do not agree to any portion of the Privacy Statement, you must immediately stop using the Service and not renew your subscription service. Without limiting the foregoing, you authorize us to share your information with certain third parties, such as payment method,couriers, and United Parcel Service. We strongly advise you to read each of their privacy policies.
- COPYRIGHTS AND TRADEMARKS
The images and other materials on the Service and the software for the Service belong to Megaflor USA LLC. The materials are protected by United States and foreign copyright laws. “Bloom-Direct” and other marks and logos are trademarks protected by United States and foreign trademark laws. You agree not to use any of Megaflor USA LLC’s trademarks without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of the Service or its design, without our prior written consent, especially to start your own floral business. You further agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Service, without receiving our prior written permission. If you use the images, materials, or trademarks on the Service in a way that is not allowed by this Agreement, you are violating the Agreement and may also be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Service. Title to the materials remains with us or with the authors of the materials contained on the Service. All rights not expressly granted are reserved.
- LIMITED LICENSE AND GENERAL RULES
Subject to your compliance with the terms and conditions of this Agreement, Megaflor USA LLC grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Service. Neither the Service, nor any portion of Megaflor USA LLC’s services, may be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of Megaflor USA LLC. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of Megaflor USA LLC or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate. You agree to comply with all applicable laws at all times when using the Service and using related services and that you will not attempt to harm or overload the computer systems used to operate the Service or the computer systems of other users of the Service such as, by example only, causing any viruses or harmful code to be introduced to such computer systems. You will not spam, advertise to, or attempt to contact other users of the Service through your use of our Service or related services.
- ELIGIBILITY AND ACCOUNTS
5.1. ELIGIBILITY.
You represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside and are at least 18 years of age. Children under the age of 18 are not allowed to use the Service. You also represent that you are a reseller and that you are responsible for all applicable sales tax.
5.2. ACCOUNT.
To access certain portions of the Megaflor USA LLC services, you may be required to create an account through the Service (an “Account”). You agree that you shall not create an Account or use the Service if you (1) are under the age of 18, (2) if you have previously been removed by Megaflor USA LLC or banned from using Megaflor USA LLC’s services, (3) already have an Account with us, (4) are located in a country embargoed by the United States or (5) are on the U.S. Treasury Department’s list of Specially Designated Nationals. You agree to only provide accurate and truthful information when setting up an Account and not to access Accounts or information about Accounts other than your own.
5.3. ACCOUNT SECURITY.
You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify Megaflor USA LLC immediately if you believe that your Account username and/or password have been compromised.
5.4. ACCOUNT SUSPENSION.
Megaflor USA LLC reserves the right to permanently suspend or terminate your Account and your access to the Service or seek appropriate injunctive or monetary relief if we reasonably suspect that you have violated any part of the Agreement or engaged in illegal behavior as part of using the Service or we reasonably believe that your continued access to your Account will cause harm to us or any others.
- LINKS TO OTHER WEBSITES
The Service may contain links to websites operated by other parties. We provide these links to other websites as a convenience, and use of those sites is at your own risk. The linked sites are not under the control of Megaflor USA LLC, and we are not responsible for the content available on the other sites. Such links do not imply our endorsement of information or material on any other site and Megaflor USA LLC disclaims all liability regarding your access to and use of such linked websites.
- WARNINGS ABOUT HANDLING AND MATERIALS
Megaflor USA LLC ships product that may be protected and secured with heavy plastic straps, large metal staples, and other sharp packaging materials. The packaging materials and certain varietals of floral product may have rough/sharp edges and/or thorns. Use caution to protect yourself while handling the product and packaging. Packaging straps are under pressure and may release suddenly. There is risk of injury while handling the packaging materials and product. Be careful and use proper protective gloves and appropriate tools. Megaflor USA LLC is not responsible for damages or injuries that occurred as a result of handling our packages.
- FEES AND PAYMENTS
8.1. PAYMENTS.
You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit and debit card or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction.
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(b) authorize Megaflor USA LLC to charge your credit card or other payment method for the Full Purchase Amount.
If you purchase a subscription for repeated deliveries, then you hereby authorize Megaflor USA LLC to bill your credit card for the amounts and at the intervals described on our Service (or at approximately those intervals, to accommodate for holidays and other irregularities), until you terminate your subscription.
8.2. DISCOUNTS.
Megaflor USA LLC provides a discount from time to time (“Promotions”). These Promotions may be altered by information published on our Service…
8.3. RETURN AND REFUND POLICY.
In addition to provisions for providing replacement product below, there are conditional refunds for the goods purchased on the Service. You may receive a replacement shipment, or a refund only if: (1) you file a claim within 24 hours of receiving your shipment, and (2) the wrong item was delivered or the product arrived in poor condition, and (3) three photographs of the wrong item or substandard product must be attached to the claim. Claims must be sent using our Contact Us form or emailed to support@bloom-direct.com.
Megaflor USA LLC ships perishable products (fresh flowers); as such, orders for our product cannot be canceled unless authorized by a Megaflor USA LLC representative in advance of shipment.
8.4. CHANGES TO PRODUCTS AND PRICING.
Megaflor USA LLC may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of any products sold or services offered through the Service.
8.5. ORDER CONFIRMATION AND CANCELLATIONS.
Once we receive your order, we’ll provide you with an email order confirmation.
Orders for these holidays are NOT CANCELLABLE: Valentine’s Day, Mother’s Day, and the Christmas Holiday season (which runs from Thanksgiving through New Year’s Day).
8.6. SHIPMENT OF PRODUCTS.
Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier (anything couriers) …
8.7. NO DELIVERY TO CHILDREN.
Users are not allowed to give Megaflor USA LLC the personal information of any children under the age of 13 for delivery or shipping purposes or any other reason.
8.8. TYPOGRAPHICAL ERRORS.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price.
- LOCATION
The Service is operated by Megaflor USA LLC in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
- DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY LAW, MEGAFLOR USA LLC DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
- LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEGAFLOR USA LLC, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY…
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MEGAFLOR USA LLC OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE TWO (2) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
- INDEMNIFICATION
You agree to indemnify, hold harmless and defend Megaflor USA LLC and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors…
- BINDING ARBITRATION AND CLASS ACTION WAIVER
(l) You may reject this Arbitration Section of the Agreement. To do so, you must send us a notice within 30 days after you open your Account. The notice must include your name, address, and account number, and must be sent certified mailed to Megaflor USA LLC (support@bloom-direct.com)
- TERM AND TERMINATION
This Agreement is effective until terminated. Megaflor USA LLC may terminate this Agreement with or without notice for any reason. You may terminate this agreement by discontinuing your use of the Service and notifying Megaflor USA LLC in writing.
- GENERAL
Force Majeure. Megaflor USA LLC shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control…
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Megaflor USA LLC as a result of this Agreement or your use of the Service.
Assignment. Megaflor USA LLC may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent…
Equitable Remedies. You hereby agree that Megaflor USA LLC would be irreparably damaged if the terms of this Agreement were not specifically enforced…
- ACKNOWLEDGEMENT AND AGREEMENT
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT
