Terms & Conditions
1. TERMS OF ACCEPTANCE
While you probably won’t read these terms and conditions, it is important that you at least glance at them prior to making your purchase, so that you understand what your floral delivery entails.
The following terms and conditions (these “TOS”) govern all use by you as a User (as defined below) or Visitor (as defined below) of (a) Bloomen’s websites and domains (including all webpages, subdomains and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by Bloomen. (“Bloomen INC.”) In connection with services listed on the Site, and (c) all Software (as defined below) (collectively, the “Services”). The Services are owned and operated by Bloomen Inc. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Bloomen Inc. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY BLOOMEN INC. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, PLEASE DO NOT USE OR ACCESS THE SERVICES.
Bloomen reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these TOS at any time. While, we may make changes to our products, services, and conditions, it is your responsibility to check these TOS periodically for changes. Your continued use of the Services following the posting of any changes to these TOS constitutes acceptance of those changes. If any change to these TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF BLOOMEN.
Bloomen provides a simple and quick means for individuals (“Users”) to have pick their flowers and have them arranged by seasoned florists, packaged, and delivered (“Visitors”). Users include individuals who require services for special occasions, anniversaries, weddings, various other special moments, and other individuals who simply wish to add some colour to the office space or house. Users may visit the Site, fill out a questionnaire about their delivery, payment details, and other special memos, and presto, the flowers are delivered to the location of their choice. Payments are all transacted with credit card through other third party payment service methods. For more information, please see https://www.bloomen.ca. These TOS apply to you and your use of the Services as a Visitor and/or other User of the Services.
3. USING BLOOMEN’S SERVICES.
While we want our Users to have a great experience using Bloomen’s services, there are a few housekeeping points to consider. Please do not:
- Create or manage multiple Bloomen accounts, unless we have given your express permission to do so
- Publish any content that is illegal, vulgar, obscene, improper, stolen, or threatening in any way; Bloomen does not tolerate racist or bigoted content in any shape or form.
- Publish content that infringes on Canadian laws and International laws and conventions
- Publish information or content that infringes patents, IP laws, registered trademarks, manufacturing secrets, or any other information which could infringe the right or property of other individuals
- Collect, share, and store personal information related to other Users
3. DELIVERY OPTIONS.
Upon using Bloomen’s services, you will receive notifications (via email, telephone call, or email) regarding your deliveries.
4. SITE CONTENT, COPYRIGHT, & INTELLECTUAL PROPERTY.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Bloomen in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Bloomen may own the Site Content or portions of the Site Content may be made available to Bloomen through arrangements with third parties. Except as expressly authorized by Bloomen in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Bloomen. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
5. NO GUARANTEE.
While Bloomen makes every effort to provide stellar services 24/7, Bloomen makes no guarantee that its Services, Content, Website, other Operations will be operable at all times or during any down time caused by any (i) power outages, (ii) outages caused by Our Servers our Service providers, (iii) scheduled and planned maintenance outages or (iv) events beyond Bloomen’s (or its wholly owned subsidiaries) control such as strikes, riots, government action, natural disasters, or internet service disruptions.
6. SUBSTITUTION POLICY.
Substitutions may be necessary to ensure your arrangement or specialty gift is delivered in a timely manner. The utmost care and attention is given to your order to ensure that it is as similar as possible to the requested item.
- In arrangements of assorted flowers, the colors shown online will be used if at all possible, even if this means substituting other kinds of flowers of equal or greater value.
- For one-of-a-kind flower arrangements, such as all roses or all lilies, we will make every attempt to match the flower type, but may substitute with another color.
- If the floral container shown online is not available, a similar container will be used.
7. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLOOMEN HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BLOOMEN MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. BLOOMEN IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER OR VISITOR, OR THIRD PARTY BEFORE, DURING AND/OR AFTER A FLORAL OR BLOOM PURCHASE; AND BLOOMEN WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT BLOOMEN HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF ANY PRODUCTS OR SERVICES, OR THE AVAILABILITY OF ANY PARTICULAR FLORAL OPTIONS. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8. REPORTING MISCONDUCT AND POLICY VIOLATIONS.
Notwithstanding the foregoing, you may report the misconduct of Users and Visitors and/or third parties in connection with the Site or any Services to Bloomen. Bloomen, in its sole discretion, may investigate the claim and take necessary action. This action may involve removing content temporary or permanently.
9. LIMITATION OF LIABILITY.
BLOOMEN SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR MISSED DELIVERIES, WILTED OR EXPIRED BLOOMS/FLOWERS, OR OTHER INTANGIBLE LOSSES (EVEN IF BLOOMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF $200.00 CAD IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND BLOOMEN’S REASONABLE CONTROL. BLOOMEN SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, BLOOMEN IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND BLOOMEN HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BLOOMEN, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES, FLORISTS, HARMLESS FROM ANY AND ALL DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSS, LIABILITY, COST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ AND ACCOUNTING FEES) RESULTING FROM ANY CLAIM, DEMAND, SUIT, PROCEEDING (WHETHER BEFORE AN ARBITRATOR, COURT, MEDIATOR OR OTHERWISE), OR INVESTIGATION MADE BY ANY THIRD PARTY (EACH A “CLAIM”) DUE TO OR ARISING OUT OF: YOUR CONTENT; THE SERVICES LISTED ON THE SERVICE; YOUR USE OF, CONTRIBUTION TO OR CONNECTION WITH THE SERVICE; YOUR VIOLATION OF THESE TOS; AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. BLOOMEN SHALL PROVIDE NOTICE TO YOU OF ANY SUCH CLAIM, PROVIDED THAT THE FAILURE OR DELAY BY BLOOMEN IN PROVIDING SUCH NOTICE SHALL NOT LIMIT YOUR OBLIGATIONS HEREUNDER. BLOOMEN RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH ALL REASONABLE REQUESTS IN ASSISTING BLOOMEN’S DEFENSE OF SUCH MATTER.
11. LINKS & THIRD-PARTY CONTENT.
Bloomen’s Site may contain links and/or references to websites operated by third-parties. These links and/or references to links are for the benefit of Bloomen’s Users. Bloomen does not control the content or actions of these Sites nor is it responsible for the content of third-parties. Bloomen’s inclusion of such links does not imply an association or partnership with these sites. If you decide to leave the Bloomen Site and access a third-party site, you do so at your own risk.
10. GOVERNING LAW.
This Agreement shall be interpreted and governed by the laws of the Province of Ontario. The venue for any action concerning this Agreement shall be in the county of Bloomen Inc.’s location within the Province of Ontario. Any financial controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration with a single arbitrator in accordance with the rules of the Alternative Dispute Resolution, ADR, Ontario and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; Provided, however, the parties may seek injunctive relief to enforce any aspect of this agreement regarding paragraphs 6-8 through the courts. Any arbitration will take place within the Province of Ontario.