NECTARFLOWERS.COM TERMS OF USE

Last Modified on November 27, 2013

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

SECTION 13 OF THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION 

CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS 

SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU 

MAY HAVE WITH US. READ IT CAREFULLY.

Welcome to www.nectarflowers.com (the “Site”), a website dedicated to simplifying flower 

purchases. By browsing or using the Site, purchasing any floral goods through the Site, or 

entering into any other transactions with Nectar Flowers, you agree to the terms of use set forth 

herein (the “Agreement”). This Agreement is between you and Beyond the Bloom Inc. (“BTB”, 

“we”, or “us”), and it governs your access to and use of the Site. If you do not agree to any part 

of this Agreement, you are not authorized to use the Site, order flower arrangements, or enter 

into any transactions with BTB.

1. AMENDMENTS AND CHANGES

BTB may amend this Agreement at any time by posting the amended terms of use on the Site, 

and you agree that you will be bound by any changes to this Agreement. For your convenience, 

the date of last revision is included at the top of this page. 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 Site 

and not renew your subscription service. BTB may make changes to the Site at any time. You 

further understand that BTB may discontinue or restrict your use of the Site 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 Site.

2. PRIVACY STATEMENT

By using the Site, you represent that you have read and consent to our Privacy Statement which 

is incorporated into this Agreement by this reference. BTB may revise the Privacy Statement at 

any time, and the new versions will be available at the above link. If at any point you do not 

agree to any portion of the Privacy Statement, you must immediately stop using the Site and not 

renew your subscription service. Without limiting the foregoing, you authorize us to share your 

information with third parties PayPal, Authorize.net, and FedEx. We strongly advise you to read 

each of their privacy policies.

3. COPYRIGHTS AND TRADEMARKS

The images and other materials on the Site belong to or are licensed to BTB. The materials are 

protected by United States and foreign copyright laws. “Nectar Flowers” other marks and logos 

are trademarks protected by United States and foreign trademark laws. You agree not to use 

any of BTB trademarks without our prior written consent. Additionally, you agree not to use our 

trade dress, or copy the look and feel of the Site 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 Site, without receiving our 

prior written permission. If you use the images, materials or trademarks on the Site 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 Site. Title to the materials remains with us or with the authors of the materials contained 

on the Site. All rights not expressly granted are reserved.

4. LIMITED LICENSE

Subject to your compliance with the terms and conditions of this Agreement, BTB grants you a 

non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable 

license to use the Site. Neither the Site, nor any portion of the BTB’ services, may be 

reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any 

commercial purpose without the express written consent of BTB. Except as expressly set forth 

herein, this Agreement grants you no rights in or to the intellectual property of BTB 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.

5. ELIGIBILITY AND ACCOUNTS

5.1. ELIGIBILITY.

You represent that you are an adult and have the legal capacity to enter 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 Site.

5.2. ACCOUNT.

To access certain portions of the BTB Services, you may be required to create an account 

through the Site (an “Account”). You agree that you shall not create an Account or use the Site if 

you (i) are under the age of 18, (ii) if you have previously been removed by BTB or banned from 

using the BTB Services, (iii) already have an Account with BTB, (iv) are located in a country 

embargoed by the United States or (v) are on the U.S. Treasury Department’s list of Specially 

Designated Nationals.

5.3. ACCOUNT SECURITY.

You are entirely responsible for maintaining the confidentiality of your Account username and 

password. You agree to notify BTB immediately if you believe that your Account username 

and/or password have been compromised.

5.4. ACCOUNT SUSPENSION.

BTB reserves the right to permanently suspend or terminate your Account and your access to 

the Site or seek appropriate injunctive or monetary relief if it suspects that you have violated any 

part of the Agreement.

6. LINKS TO OTHER WEBSITES

The Site may contain links to websites operated by other parties. BTB provides 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 BTB, and BTB is not responsible for the content available on the other 

sites. Such links do not imply BTB’ endorsement of information or material on any other site and 

BTB disclaims all liability with regard to your access to and use of such linked websites.

7. FEES AND PAYMENTS

7.1. PAYMENTS.

You acknowledge and agree that all information you provide with regards to a purchase, 

including, without limitation, credit card, PayPal, 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. We reserve the right, with or without 

prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Site, 

(ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code 

or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver 

any product to a user. When you purchase products through the Site, you (a) agree to pay the 

price for such products set forth in the Site, all shipping and handling charges and all applicable 

taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize BTB to 

charge your credit card or other payment method for the Full Purchase Amount. Unless 

otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in 

accordance with payment terms in effect at the time the fee or the charge becomes payable.

Payment can be made by credit card, debit card, or through PayPal. Orders will not be 

processed until payment has been received in full, and any holds on your account by PayPal or 

any other payment processor (including Authorize.net) are solely your responsibility.

If you purchase a subscription for repeated deliveries, then you hereby authorize BTB to bill 

your credit card for the amounts and at the intervals described on our Site (or at approximately 

those intervals, to accommodate for holidays and other irregularities), until the end of the 

subscription period, or indefinitely if you decide to purchase an open-ended subscription. In 

cases where your credit card expires, is cancelled, is over the limit, or is otherwise declined for 

any reason, we will not continue to deliver flower arrangements or renew your subscription, 

though we may, but are not obligated to, contact you to notify you of the issue.

7.2. DISCOUNTS.

BTB provides a discount for referrals, as well as a discount for subscription plans. These 

promotions may be altered by information published on our Site, and if any information is 

conflicting, the terms most beneficial to BTB shall prevail and take effect. BTB may refuse to 

provide such discounts for any reason including, but not limited to, fraud, mistake on the part of 

our publication of information, actual or expected financial hardship, sale of all or part of our 

business, or any other reason at BTB’ sole discretion. Discounts, Promotions, and Store Credits 

of any kind may not be combined unless at the sole discretion of BTB Company. Discounts or 

other financial benefits given in reward for referring other users to us may be considered a 

taxable benefit by any revenue agency having jurisdiction over you, which you are solely 

responsible for, and you should consult an accountant and/or tax attorney in your jurisdiction to 

determine your tax liabilities incurred as a result of participating in our referral program.  Should 

a user abuse the referral program through fraudulent activities such as referring oneself, 

creating multiple accounts or other such tactics which constitute theft and/or fraud, BTB 

Company may notify the authorities and you may be prosecuted.  BTB Company reserves the 

right to charge any payment method on file the full retail price of all deliveries under any account 

deemed to be fraudulent, and these charges may include any amounts previously discounted in 

a previous promotion.

If a subscription plan is cancelled after only 1 delivery BTB may charge a $5 cancellation fee.

7.3. RETURN AND REFUND POLICY.

Except as provided for replacement flower arrangements below, there are no refunds or returns 

for the floral goods purchased on the Site. All sales are final. You may receive a replacement 

flower arrangement only if: (1) you complete a request form at www.nectarflowers.com/contact 

within three calendar days of the delivery date, (2) the wrong item was delivered, or if the flower 

arrangement arrives in substandard condition, or if the flower arrangement is delivered after the 

delivery date or never delivered at all, and (3) if the flower arrangement arrived in substandard 

condition, then (i) a photograph of the flower arrangement must be attached to the customer 

service request at www.thebouqs.com/en/contact-us, and (ii) you must have chosen the 

“Indirect Signature Required” delivery method, and (iii) someone must have been present to 

take delivery of the flower arrangement upon arrival, as indicated by the carrier. Replacement 

flower arrangements cannot be transferred for value or redeemed for cash.

7.4. CHANGES TO PRODUCTS AND PRICING.

BTB may, at any time, revise or change the pricing, availability, specifications, content, 

descriptions or features of any products sold through the Site. The inclusion of any products 

through the Site at a particular time does not imply or warrant that these products will be 

available at any other time. BTB reserves the right to change prices for products displayed on 

the Site, or the Site, at any time, and to correct pricing errors that may inadvertently occur. All 

such changes shall be effective immediately upon posting of such new product prices to the 

Site.

7.5. ORDER ACCEPTANCE/CONFIRMATION.

Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of 

an order confirmation, however, does not signify BTB’ acceptance of your order, nor does it 

constitute confirmation of our offer to sell; we are simply confirming that we received your order. 

BTB reserves the right at any time after receiving your order to accept or decline your order for 

any reason. If BTB cancels an order after you have already been billed, then BTB will refund the 

billed amount.

7.6. SHIPMENT OF PRODUCTS.

Title and risk of loss for any purchases of physical products pass to you upon our delivery to our 

carrier, FedEx. We reserve the right to ship partial orders (at no additional cost to you), and the 

portion of any order that is partially shipped may be charged at the time of shipment. Unless as 

a result of events outside of our direct control, orders of floral goods purchased by you through 

the Site will be delivered within the time period specified for the delivery method you have 

selected. All orders are shipped using FedEx or another a third party courier. The earliest 

delivery date available for an order is approximately one week from the day that payment for the 

order is confirmed. Shipping is not available for delivery on Saturdays, Sundays or Mondays. 

Online tracking is available at FedEx’s website, though we make no warranties regarding its 

availability because it is not under our control. All deliveries are scheduled for a 10:30am arrival, 

though we cannot guarantee delivery by any specific time. We strongly encourage recipients to 

be at the delivery location to receive the flowers as flowers that remain outside are more likely to 

wilt and die.

BTB offer two delivery options: (1) Indirect Signature Required, and (2) No Signature Required. 

Indirect Signature Required means that the recipient, or someone at the location (or at an 

address close by) must sign for the package to be delivered. BTB strongly encourages the 

Indirect Signature Required option to ensure safe and fresh delivery.

No Signature Required means that FedEx will leave the package at the address whether the 

recipient or another person is available or not. Should a customer choose the No Signature 

Required option, BTB cannot guarantee freshness and cannot provide replacements or refunds 

based on flower quality or freshness. Without the signature provided, we cannot be sure that the 

package was delivered at the correct time and place, or that the flowers were treated as is 

needed to maintain quality. If you choose the No Signature Required shipping method, then 

neither BTB nor FedEx can be held responsible or liable for product quality or longevity. Thus, 

BTB strongly encourages the use of Indirect Signature Required shipping.

Shipment is free for customers who have registered an Account with us for deliveries Monday 

through Friday. For customers without an Account a shipping fee is charged per product.

7.7. NO DELIVERY TO CHILDREN.

In furtherance of BTB’ policy of not collecting personal information from children under the age 

of 13, users are not allowed to give BTB the personal information of any children under the age 

of 13 for delivery or shipping purposes or any other reason.

7.8. 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. We shall have the right to refuse or cancel any such orders whether or not the order has 

been confirmed and your credit card or PayPal account charged. If your credit card or PayPal 

account has already been charged for the purchase and your order is canceled, we shall 

immediately issue a credit to your credit card account in the amount of the charge.

8. LOCATION

The Site is operated by BTB in Canada. Those who choose to access the Site from locations 

outside Canada do so at their own initiative and are responsible for compliance with applicable 

local laws.

9. DISCLAIMER OF WARRANTIES

THE SITE, THE PRODUCTS OFFERED FOR SALE ON IT, AND THE TRANSACTIONS 

CONDUCTED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS 

FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, 

INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS 

FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING 

FROM COURSE OF DEALING OR USAGE OF TRADE. THE SITE MAY INCLUDE 

INACCURADCIES, MITAKES, OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT 

THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

BTB DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED 

ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY 

ACCESSING THE SITE, YOU AGREE THAT BTB SHALL NOT BE LIABLE FOR ANY 

UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE 

INFORMATION.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the 

foregoing disclaimer may not apply to you.

10. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BTB, ITS AFFILIATES, LICENSORS AND 

BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL 

LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT 

LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING 

WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL 

DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE 

OF THE SITE, EVEN IF BTB AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE 

POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON 

THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD 

COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE 

CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON 

YOUR FUNDS

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR 

COMPANY OR A THIRD PARTY (SUCH AS OUR SHIPPER), INCLUDING ANY FAILURES 

OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, 

INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO 

OUR WEBSITE TEMPORARILY OR PERMANENTLY, OR WHICH DELAY OR PREVENT THE 

DELIVERY OF OUR GOODS TO YOU.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF BTB OR 

ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR 

DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF 

ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for 

consequential or incidental damages, in such states or jurisdictions, the liability of BTB and its 

affiliates shall be limited to the fullest extent permitted by law.

11. INDEMNIFICATION

You agree to indemnify, hold harmless and defend BTB and its affiliates, parent 

companies, subsidiaries, officers, directors, employees, agents, network service 

providers, business partners and licensors at your expense, against any and all third-

party claims, actions, proceedings, and suits and all related liabilities, damages, 

settlements, penalties, fines, costs and expenses (including, without limitation, 

reasonable attorneys’ fees and other dispute resolution expenses) incurred by BTB 

arising out of or relating to your (a) violation or breach of any term of this Agreement or any 

policy or guidelines referenced herein, including any unauthorized disclosure of personal or 

confidential information or (b) use or misuse of the Site.

12. DISPUTE RESOLUTION AND GOVERNING LAW

This Agreement shall be is governed by, and will be construed under, the laws of Canada and 

the law of the Province of Ontario, without regard to conflict of law principles. Except as 

provided in Section 13 below (and claims proceeding in any small claims court), all disputes 

arising out of or related to your use of the Site shall be subject to the exclusive jurisdiction of the 

state and federal courts located in Ottawa, Ontario, and you agree to submit to the personal 

jurisdiction and venue of such courts. You are responsible for compliance with all local laws if 

and to the extent local laws are applicable.

13. BINDING ARBITRATION

(a) Arbitration Procedures. You and BTB agree that, except as provided in Section (d) below, all 

disputes, controversies and claims related to this Agreement (each a “Claim”), shall be finally 

and exclusively resolved by binding arbitration, which may be initiated by either party by sending 

a written notice requesting arbitration to the other party. Any election to arbitrate by one party 

shall be final and binding on the other. The arbitration will be conducted under the Streamlined 

Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated 

(the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict 

between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in 

this Binding Arbitration Section will control and prevail.

Except as otherwise set forth in Section (d) below, you may seek any remedies available to you 

under federal, state or local laws in an arbitration action. As part of the arbitration, both you and 

we will have the opportunity for discovery of non-privileged information that is relevant to the 

Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the 

Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s 

decision is based. The determination of whether a Claim is subject to arbitration shall be 

governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. 

Except as otherwise provided in this Agreement, (i) you and BTB may litigate in court to compel 

arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment 

on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on 

all parties and enforceable in any court that has jurisdiction, provided that any award may be 

challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND 

BTB WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

(b) Location. The arbitration will be conducted in Ottawa, Ontario, unless the parties agree to 

video, phone and/or internet connection appearances.

(c) Limitations. You and BTB agree that any arbitration shall be limited to the Claim between 

BTB and you individually. YOU AND BTB AGREE THAT (A) THERE IS NO RIGHT OR 

AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO 

UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR 

ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS 

A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH 

ANY OTHER ARBITRATION.

(d) Exceptions to Arbitration. You and BTB agree that the following Claims are not subject to the 

above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to 

enforce or protect, or concerning the validity of, any of your or BTB’ intellectual property rights; 

(ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or 

unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party 

may assert an individual action in small claims court for Claims that are within the scope of such 

court’s jurisdiction in lieu of arbitration.

(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS 

arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged 

by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged 

pursuant to the JAMS Rules.

(f) Severability. You and BTB agree that if any portion this Section is found illegal or 

unenforceable (except any portion of Section (d)), that portion shall be severed and the 

remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or 

unenforceable, then neither you nor BTB will elect to arbitrate any Claim falling within that 

portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively 

decided by a court of competent jurisdiction within the County of Los Angeles, State of 

California, United States of America, and you and BTB agree to submit to the personal 

jurisdiction of that court.

14. TERM AND TERMINATION

This Agreement is effective until terminated. BTB may terminate this Agreement with or without 

notice for any reason, or for no reason. You may terminate this agreement by discontinuing your 

use of the Site and notifying BTB in writing.

15. GENERAL

Agreement Revisions. This Agreement may only be revised in writing by BTB, or published by 

BTB on the Site.

Force Majeure. BTB shall not be liable for any delay or failure to perform resulting from causes 

outside the reasonable control of BTB, including without limitation any failure to perform 

hereunder due to unforeseen circumstances or cause beyond BTB’ control such as acts of God, 

war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, 

strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

No Partnership. You agree that no joint venture, partnership, employment, or agency 

relationship exists between you and BTB as a result of this Agreement or your use of the Site.

Assignment. BTB may assign this Agreement, in whole or in part, to any person or entity at any 

time with or without your consent. You may not assign the Agreement without BTB’ prior written 

consent, and any unauthorized assignment by you shall be null and void.

Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, 

then that portion shall be severed, and the remainder of the Agreement shall be given full force 

and effect.

Attorneys’ Fees. In the event any litigation is brought by either party in connection with this 

Agreement, the prevailing party in such litigation shall be entitled to recover from the other party 

all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in 

the litigation.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed 

to be a present or future waiver of such provision, nor in any way affect the right of any party to 

enforce each and every such provision thereafter. The express waiver by us of any provision, 

condition or requirement of this Agreement shall not constitute a waiver of any future obligation 

to comply with such provision, condition or requirement.

Equitable Remedies. You hereby agree that BTB would be irreparably damaged if the terms of 

this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, 

without bond, other security, or proof of damages, to appropriate equitable remedies with 

respect to breaches of this Agreement, in addition to such other remedies as we may otherwise 

have available to us under applicable laws.

Entire Agreement. This Agreement, including the documents expressly incorporated by 

reference, constitutes the entire agreement between you and us with respect to the Site and 

supersedes all prior or contemporaneous communications, whether electronic, oral or written, 

between you and us with respect to the Site.

16. 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 SITE IS AN 

ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND 

CONDITIONS OF THIS TERMS OF USE AGREEMENT.

NECTARFLOWERS.COM PRIVACY STATEMENT

OUR PRIVACY COMMITMENT

Thank you for visiting nectarflowers.com, a service dedicated to simplifying flower arrangement 

purchases. BTB Company (the “Company,” “BTB” “we,” “us” or “our”) is committed to 

respecting the privacy rights and concerns of all users of www.thebouqs.com (the “Site”).  As 

such, we have established and implemented this Privacy Statement to inform visitors to the Site 

of how we use and protect the information we collect through the Site.  By visiting or browsing 

the Site, you consent to BTB’ collection, use, storage, deletion, transfer to the United States, 

and disclosure of personal information relating to you as set forth in this Privacy Statement.  

This Privacy Statement is effective as of the date set forth above and covers our collection, use, 

and disclosure of information we collect through the Site.

This policy answers the following questions:

● What information do we collect about you and how do we use it?

● Will we share your personal information with third parties?

● What choices do you have about the collection and use of your personal 

information?

● What security measures do we take to safeguard your personal information?

WHAT INFORMATION DO WE COLLECT ABOUT YOU AND HOW DO WE USE IT?

TYPES OF INFORMATION WE COLLECT

Personal information means information that can be used to identify and contact you.  Our Site 

may be browsed anonymously.  If you do not browse anonymously, the Site may collect 

personal information from you including your email address, mailing address, date of birth, 

gender, browser cookies, credit card information, PayPal information, telephone number, and 

billing and shipping information .  We also collect the third party flower arrangement recipients’ 

names, addresses, telephone numbers and email addresses that you provide to us.

We may collect personal information when you create an account on the Site; subscribe to our 

newsletter; participate in Site feedback, questionnaires, surveys, or contests; participate in 

forums and chat rooms; purchase a product through the Site; or receive customer or technical 

support.

HOW WE USE YOUR PERSONAL INFORMATION

We may use your personally identifiable information for all legal purposes, including to enhance 

or improve your experience, our Site, or our delivery services and to perform any other function 

that we believe in good faith is necessary to protect the security or proper functioning of our Site 

or delivery services.

BTB may use your email address or other personally identifiable information to send you 

commercial or marketing messages including, without limitation, newsletters and email 

communications about our products or services. We will also use your email address to contact 

you regarding any customer or technical support issues.

If you purchase goods or services through the Website, BTB may need for you to provide 

certain financial information so that BTB may effect a payment transaction. As part of the 

payment system, BTB or third parties performing sales processing services on BTB’ behalf, will 

collect, store and use non-public personally identifiable information, such as your name, 

address, credit card number, phone number, and your e-mail address. In addition, the payment 

system will also collect information regarding the actual bill payment transaction, including the 

date and amount paid. BTB will store and protect this information in the same manner that BTB 

stores and protects other personal information.

DE-PERSONALIZING YOUR INFORMATION

We may make your personal information non-personally identifiable by either combining it with 

information about other users (aggregating your personal information with information about 

other users), or by removing characteristics (such as your name or email address) that make 

the information personally identifiable. This process is known as de-personalizing your 

information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable 

right and license to use your personal information in connection with the creation and 

development of analytical and statistical analysis tools relating to the use of the customer data 

we collect on the Site (the “Analytical Data”). We are expressly authorized to make any 

commercial use of the Analytical Data, including without limitation, sharing the Analytical Data 

with third parties.

COOKIES AND OTHER TECHNICAL INFORMATION

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and 

are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of 

the Site to allow us to provide information to make your online experience more convenient and 

to enhance your experience with the Site. For example, when you return to the Site after logging 

in, cookies provide information so that the Site will remember who you are on subsequent visits, 

speeding up or enhancing your experience of the Site by, for instance, remembering your 

preferences. Cookies also prevent items placed in a shopping basket from disappearing by the 

time you checkout. Cookies are not spyware or adware, and can’t deliver viruses or run 

programs on your computer. A user may configure his or her web browsers to accept or reject 

or delete the cookies, or notify the user when a cookie is being set.

We may collect other technical information from users of the Site, including their IP address, 

browser type, domain names, and access times.

TRACKING PIXEL

A tracking pixel is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web 

page and allows for the collection of information regarding the use of the web page that contains 

the tracking pixel. BTB uses third party ad servers to support tracking pixels and cookies.

“DO NOT TRACK”

In compliance with Canadian legislation, effective July 1, 2014, BTB’ practices in responding to 

“do not track” signals and collecting user information over time and across a network of 

websites when you visit the Site are described below. We honor the request of “do not track” 

signals sent by your browser when you visit the Site. Additionally, BTB does not collect user 

information about your online activities over time and across different websites, or authorize 

third parties to do so.

GOOGLE

Our Site uses Google AdWords and Google Analytics to help us learn about who visits our site 

and what pages are being viewed.

SOCIAL MEDIA FEATURES

Our Site interfaces with social media sites such as Facebook, Twitter, Pinterest, Instagram, and 

Google+. If you choose to share information from the Site through those services, you should 

review the privacy policy of that service. Those social media sites may collect your IP address 

or set cookies. If you are a member of a social media site, the interfaces may allow the social 

media site to connect and view your personally identifiable information.

CHILDREN’S PRIVACY

We do not knowingly collect any personal information from children under the age of 13, allow 

them to create accounts, enter into payment transactions, order flowers, sign up for newsletters, 

or browse the Site. Users are not allowed to give to BTB the personal information of any 

children under the age of 13 for delivery purposes or any other reason. BTB takes children’s 

privacy seriously and encourages parents to play an active role in their children’s online 

experience at all times. We urge parents to instruct their children never to give out their real 

names, addresses, or phone numbers, without parental permission, when on-line. If you have 

any concerns about your child’s personal information, please contact us at 

[email protected].

HOW WE WILL SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES

We will share the personal information we collect from you under the following circumstances:

● Protection of rights. BTB will share personal information if we have a good faith 

belief that (i) access, use, preservation or disclosure of such information is 

reasonably necessary to satisfy any applicable law, regulation, legal process, such 

as a court order or subpoena, or a request by law enforcement or governmental 

authorities, (ii) such action is necessary to detect, prevent, or otherwise address 

fraud, security or technical issues associated with the Site, or (iii) such action is 

appropriate to protect the rights, property or safety of BTB, its employees, clients, or 

users of the Site.

● Asset transfers. If we become involved in a merger, acquisition or other transaction 

involving the sale of some or all of BTB’ assets or a line of business, user 

information, including personal information collected from you through your use of 

the Site, could be included in the transferred assets. Should such an event occur, 

BTB will use reasonable means to notify you through a prominent notice on the Site. 

By sharing your personal information with BTB, you are giving BTB consent to 

transfer your personal information to a third party in an asset transfer described 

here.

● Service Providers. We may share your personal information with third party vendors 

or service providers that we engage for the purpose of fulfilling product orders or 

processing information on our and your behalf. For example, we may partner with 

other companies to process payments for the Site. Additionally, we may partner with 

other companies to process, analyze, and/or store data, including, but not limited to, 

Analytical Data. While providing services for us, these companies may access your 

personal information. To the extent applicable, we require these entities to comply 

with this Privacy Policy and appropriate confidentiality and security measures.

ADDITIONAL INFORMATION YOU SHOULD KNOW ABOUT THIRD PARTIES

Please be aware that we cannot control the activities of third parties to whom we provide data, 

and as such we cannot guarantee that they adhere to the same privacy and security procedures 

as BTB.

When you click on a third party logo or URL displayed on our Site which links you to a different 

website, our Privacy Statement no longer applies and you must read the privacy policy of the 

third party to see how your personal information will be handled on their website. If you cannot 

find their privacy policy, then you should contact the respective webmasters of those websites to 

obtain information regarding their information collection, use and disclosure policies. We are not 

responsible for their collection and use of your personal information.

Without limiting the generality of the foregoing, you authorize us to share your information with 

PayPal, Authorize.net, and Federal Express. We strongly advise you to read each of their 

privacy policies.

WHAT CHOICES DO YOU HAVE ABOUT THE COLLECTION AND USE OF YOUR 

PERSONAL INFORMATION?

By using the Site, you consent to our collecting, using, and sharing it in accordance with this 

Privacy Statement.

CONTROL OF YOUR INFORMATION

Nectarflowers.com allows you to control the way we use personally identifying information that 

we might obtain. At the time you provide personal information, BTB may give you the option of 

declining any future offers or information about new products, promotions, or services. In 

addition, many of the “mailings” BTB may send you, such as newsletters, have procedures 

within them to cancel the receipt of any future mailings.

HOW TO CORRECT OR DELETE YOUR DATA

Any individual who seeks access, or who seeks to correct, amend, or delete inaccurate data 

should direct his or her query to the following email address: [email protected], or by 

postal mail at:

Beyond the Bloom Inc

ATTN: Data Request

2640-C Lancaster Road

Ottawa, Ontario, Canada, K1B 4Z4

Please include your full name and email address associated with your account and a detailed 

description of your data request. In some cases, we may not be able to delete your personal 

information, and will retain and use your information as necessary to comply with our legal 

obligations, resolve disputes, and enforce our agreements.

GOVERNING LAW

This Privacy Statement is governed by, and construed under, the laws of Canada and the laws 

of the Province of Ontario, excluding its choice of law provisions.

MEDIATION

You agree that, in the event any dispute or claim arises out of or relating to this Privacy 

Statement, you and BTB will attempt in good faith to negotiate a written resolution of the matter 

directly between the parties. You agree that if the matter remains unresolved for forty-five (45) 

days after notification (via certified mail or personal delivery) that a dispute exists, all parties 

shall join in mediation services in Ottawa, Ontario with a mutually agreed mediator in an attempt 

to resolve the dispute. Should you file any arbitration claims, or any administrative or legal 

actions without first having attempted to resolve the matter by mediation, then you agree that 

you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to 

them.

WHAT SECURITY MEASURES DO WE TAKE TO SAFEGUARD YOUR PERSONAL 

INFORMATION?

The personal information that you provide to us is stored on servers that are located in secured 

facilities and protected by protocols and procedures designed to ensure the security of such 

information. In addition, Company employees and agents who have access to your personal 

information are trained in the maintenance and security of that information. However, no server, 

computer or communications network or system, or data transmission over the Internet can be 

guaranteed to be 100% secure. As a result, while we strive to protect user information, we 

cannot ensure or warrant the security of any information you transmit to us or through the Site 

and you acknowledge and agree that you provide such information and engage in such 

transmissions at your own risk. Once we receive a transmission from you, we will endeavor to 

maintain its security on our systems.

NOTIFICATION OF CHANGES

This Privacy Statement may change from time to time and we will post all changes on the Site. 

You understand and agree that you will be deemed to have accepted the updated Privacy 

Statement if you use the Site after the updated Privacy Statement is posted on the Site. If at any 

point you do not agree to any portion of the Privacy Statement then in effect, you must 

immediately stop using the Site.

QUESTIONS? CONTACT US

If you have any questions about our privacy practices or this Privacy Statement, please contact 

us at [email protected]