This Terms of Service Agreement (the “Agreement”) governs Your use of ff.florist (the “Site”) and any services made available to You by Flourishing Florist (hereinafter, “Flourishing Florist”, “We”, “Us” or “Our”) on or through the Site (the “Services”). For purposes of this Agreement, “You” or "Florist" means the person using the Site or the Services or, if You are using the Site or Services on behalf of Your company (or another entity), then “You” or "Florist" means Your company (or such other entity), its officers, members, agents, successors and assigns. "Florists" has a corresponding meaning.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE OR THE SERVICES. YOUR USE OF THE SITE OR THE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE SERVICES. IF YOU ORDER ANY PRODUCT OR SERVICE PROVIDED BY FLORISHING FLORIST THROUGH THE SITE, THEN ACCEPTANCE BY FLORISHING FLORIST IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO THIS AGREEMENT.
Flourishing Florist is always looking for ways to improve the Site and the Services and, as a result, may amend this Agreement at any time by posting an amended Agreement on the Site. Any amended Agreement shall automatically be effective on the date that it is initially posted on the Site. By using the Site or the Services, You agree to be bound by the current form of this Agreement. It is Your responsibility to return to this Agreement from time to time to review the most current Agreement. Flourishing Florist does not and will not assume any obligation to notify You of changes to this Agreement. The current Agreement will supersede any prior communications or agreement with respect to the Site or the Services, unless such agreement expressly states that it is not superseded by this Agreement.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you register for membership at Flourishing Florist or use this Service. Flourishing Florist may reject your application for a membership, or cancel an existing Account, for any reason, in our sole discretion.
If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement.
You are responsible for keeping your password secure. Flourishing Florist cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You agree to immediately notify Flourishing Florist of any unauthorized use of your password or any breach of security.
You must keep your account information, including a valid email address, up-to-date and accurate and up to date at all times. To sell items on Flourishing Florist platform you must provide and maintain valid payment information.
The access rights granted to you under this Agreement are non-transferable without our express written consent.
We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Flourishing Florist reserves the right to modify, limit, suspend or terminate any and all services offered on or through the Site (or any feature thereof) for any reason, without notice, at any time. Flourishing Florist reserves the right to alter this Agreement or other Flourishing Florist policies at any time, so please review the policies frequently.
An invoice for the Membership Fee will be issued each month. Flourishing Florist will continue invoicing You in accordance with your corresponded Membership Fee until this Agreement is terminated.
You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Flourishing Florist will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Flourishing Florist will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle.
Prices for using the Services are subject to change upon 30 days notice from Flourishing Florist. Such notice may be provided at any time by posting the changes to the Site or the administration area of your Flourishing Florist store via an announcement.
If you would like to register for a membership, you must be an authorized seller of floral arrangements and related goods in the jurisdiction where you reside and in compliance with any local laws or regulations. Where applicable, each Florist is solely responsible for obtaining all permits, licenses or other permissions required to offer goods through the Site. Flourishing Florist assumes no responsibility for any Florist’s failure to obtain such permits, licenses or permissions or otherwise comply with applicable laws and regulations.
The Florist may not utilize wire-service or stock photos on the Site. The images that you displayed on the site must be images of your own creation featuring your own designs or those created by Flourishing Florist as part of its service to the Florist. By posting them on the Site, you are each representing and warranting the posted images do not infringe on anyone else’s copyright or intellectual property rights.
Your delivery area must accurately represent the area the you are capable of hand delivering arrangements to.
No “order gathering” or resales on the Site. Florists may only add products and accept orders that it is capable of fulfilling on its own.
Flourishing Florist is not the broker, agent or joint venturer of any Florist. Florists must treat all of orders obtained from Customers through the Site as if they are from someone that has just walked into your flower shop. Happy customers make repeat customers.
If there is an issue with an order, Florists are solely responsible for addressing those issues with the Customer directly. Via the ordering process on the Site, Florists will be provided with Customer contact information and must work directly with them to resolve any issues. If no resolution can be reached, Florists and Customers may address their concerns to Flourishing Florist and Flourishing Florist may elect to act as an intermediary, but is under no independent obligation to do so.
Florists represent and warrant that they have obtained Customer’s authorization to send them e-mails for the Florist’s marketing or promotional purposes.
All Materials you upload remains yours; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations. You can remove your Flourishing Florist store at any time by deleting your Account.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Flourishing Florist shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Trial policy: When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. Membership fee will be billed thereafter, if You choose to continue using the Services.
You may cancel your Account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Flourishing Florist’s response.
Upon termination or cancellation of the Services, Flourishing Florist will cease providing you with the Services and you will no longer be able to access your Account.
Any outstanding balance owed to Flourishing Florist for your use of the Services through the effective date of such termination will immediately become due and payable in full and your store website will be taken offline.
We reserve the right to modify or terminate the Flourishing Florist Service or your Account for any reason, without notice at any time.