TERMS & CONDITIONS
Last Updated: January 9, 2022
Please read these terms and conditions ("terms", "terms and conditions") carefully before using the bloomofroses.in website (the "service") operated by MS Gifting Solutions LLP ("us", "we", or "our").
Your access to and use of the service is conditioned upon your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who wish to access or use the service.
By accessing or using the service you agree to be bound by these terms. If you disagree with any part of the terms then you do not have permission to access the service.
Communications
By creating an account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email or sms we send.
Purchases
If you wish to purchase any product or service made available through the service ("purchase"), you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. by submitting your information, you grant us the right to provide the information to these third parties subject to our privacy policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the service. we may experience delays in updating information on the service and in our advertising on other websites. The information found on the service may contain errors or inaccuracies and may not be complete or current. products or services may be mispriced, described inaccurately, or unavailable on the service and we cannot guarantee the accuracy or completeness of any information found on the service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests and Promotions
Any contests or other promotions (collectively, "promotions") made available through the service may be governed by rules that are separate from these terms & conditions. If you participate in any promotions, please review the applicable rules as well as our privacy policy. If the rules for a promotion conflict with these terms and conditions, the promotion rules will apply.
Content
Our service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("content"). you are responsible for the content that you post on or through the service, including its legality, reliability, and appropriateness.
By posting content on or through the service, you represent and warrant that: (i) the content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these terms, and (ii) that the posting of your content on or through the service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any content you submit, post or display on or through the service and you are responsible for protecting those rights. We take no responsibility and assume no liability for content you or any third party posts on or through the service. However, by posting content using the service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the service. you agree that this license includes the right for us to make your content available to other users of the service, who may also use your content subject to these terms.
Bloom of Roses has the right but not the obligation to monitor and edit all content provided by users.
In addition, content found on or through this service is the property of Bloom of Roses or used with permission. you may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without the express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. you agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our service or a third-party service. you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. you may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the service infringes on the copyright or other intellectual property rights ("infringement") of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@bloomofroses.in, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through the service on your copyright.
DMCA Notice And Procedure For Copyright Infringement Claims
You may submit a notification pursuant to the digital millennium copyright act (DMCA) by providing our copyright agent with the following information in writing (see 17 u.s.c 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
A description of the copyrighted work that you claim has been infringed, including the url (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the url or other specific location on the service where the material that you claim is infringing is located;
Your address, Telephone number, and Email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at info@bloomofroses.in
Intellectual Property
The service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Bloom of Roses and its licensors. The service is protected by copyright, trademark, and other laws of both India and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bloom of Roses.
Cancellations, Refunds And Returns
Please refer to our Cancellation, Refunds and Returns Policy for details with respect to cancellations, refunds and returns of our products
Shipping And Delivery
Please refer to our Shipping and Delivery Policy for details with respect to shipping and delivery of our products.
Prices And Availability Of Products
Without limiting the generality of Clause 14 (Cancellations, Refunds and Returns), if a product/ service is listed at an incorrect price or with incorrect information due to any technical error, Bloom of Roses shall have the right, at it sole discretion, to refuse or cancel any orders placed for that product/service, unless the product has already been delivered or the service already been availed by you. In the event that an item is wrongly priced, Bloom of Roses may, in its sole discretion either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services availed, your offer will not be deemed accepted and Bloom of Roses will have the right to modify the price of the product/service and contact you for further instructions using the contact details provided by you.
Prices and availability of the products and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of MS Gifting Solutions LLP and MS Gifting Solutions LLP may revise and cease to make available any product/service at any time.
Links To Other Web Sites
Our service may contain links to third party websites or services that are not owned or controlled by Bloom of Roses.
Bloom of Roses has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. we do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Bloom of Roses shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the terms.
If You Wish To Terminate Your Account, You May Simply Discontinue Using The Service.
All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold MS Gifting Solutions LLP and its affiliates, contractors, employees, officers, directors, agents and third party partners harmless from any and all claims, losses, damages, liabilities, costs and expenses, including without limitation, legal fees and expenses, caused by or arising out of claims based upon your actions or inactions or related to your use or misuse of the Website, any violation of these Terms or any of the covenants made by you herein, which may result in any loss or liability to MS Gifting Solutions LLP or any third party.
Limitation of Liability
In no event shall Bloom of Roses, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Bloom of Roses, its subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components, or d) the results of using the service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of courts in Moradabad, India.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have had between us regarding the service.
Changes
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is a material we will provide at least 30 days notice prior to any new terms taking effect. what constitutes a material change will be determined at our sole discretion.
By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. if you do not agree to the new terms, you are no longer authorized to use the service.
Any Questions About Terms & Conditions?
If you have any questions contact the Bloom of Roses® Customer Service team: Monday - Friday: 10:30 AM to 6:00 PM IST
Email: support@bloomofroses.in
Phone: +91 89230 88156