Last Modified on November 27, 2013
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
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 ‚ÄúSite‚ÄĚ), a website dedicated to simplifying flower¬†
purchases. By browsing or using the Site, purchasing any floral goods through the Site, or¬†
herein (the ‚ÄúAgreement‚ÄĚ). This Agreement is between you and Beyond the Bloom Inc. (‚ÄúBTB‚ÄĚ,¬†
‚Äúwe‚ÄĚ, or ‚Äúus‚ÄĚ), 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
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. ‚ÄúNectar Flowers‚ÄĚ 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‚Äô 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
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.
To access certain portions of the BTB Services, you may be required to create an account¬†
through the Site (an ‚ÄúAccount‚ÄĚ). 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‚Äôs list of Specially¬†
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‚Äô 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
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 ‚ÄúFull Purchase Amount‚ÄĚ) 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.
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‚Äô 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¬†
‚ÄúIndirect Signature Required‚ÄĚ 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¬†
7.5. ORDER ACCEPTANCE/CONFIRMATION.
Once we receive your order, we‚Äôll provide you with an email order confirmation. Your receipt of¬†
an order confirmation, however, does not signify BTB‚Äô 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¬†
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‚Äôs 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‚Äô 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.
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¬†
9. DISCLAIMER OF WARRANTIES
THE SITE, THE PRODUCTS OFFERED FOR SALE ON IT, AND THE TRANSACTIONS¬†
CONDUCTED THROUGH IT ARE PROVIDED ON AN ‚ÄúAS IS‚ÄĚ AND ‚ÄúAS AVAILABLE‚ÄĚ 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¬†
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 ‚ÄúRELATED PARTIES‚ÄĚ) 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¬†
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¬†
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.
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‚Äô 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 ‚ÄúClaim‚ÄĚ), 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 ‚ÄúJAMS Rules‚ÄĚ) 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‚Äôs decision regarding the¬†
Claim, the award given and the arbitrator‚Äôs findings and conclusions on which the arbitrator‚Äôs¬†
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‚Äôs 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‚Äô 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‚Äôs 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.
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‚Äô 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‚Äô 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¬†
Attorneys‚Äô 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‚Äô fees and other expenses incurred by such prevailing party in¬†
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¬†
ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND¬†
NECTARFLOWERS.COM PRIVACY STATEMENT
OUR PRIVACY COMMITMENT
Thank you for visiting nectarflowers.com, a service dedicated to simplifying flower arrangement¬†
purchases. BTB Company (the ‚ÄúCompany,‚ÄĚ ‚ÄúBTB‚ÄĚ ‚Äúwe,‚ÄĚ ‚Äúus‚ÄĚ or ‚Äúour‚ÄĚ) is committed to¬†
respecting the privacy rights and concerns of all users of www.thebouqs.com (the ‚ÄúSite‚ÄĚ). ¬†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‚Äô 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:
‚óŹ What information do we collect about you and how do we use it?
‚óŹ Will we share your personal information with third parties?
‚óŹ What choices do you have about the collection and use of your personal¬†
‚óŹ 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‚Äô¬†
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¬†
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‚Äô 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 ‚ÄúAnalytical Data‚ÄĚ). 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
‚ÄúCookies‚ÄĚ are small bits of electronic information that a website sends to a visitor‚Äôs browser and¬†
are stored on the visitor‚Äôs 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‚Äôt 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.
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.
‚ÄúDO NOT TRACK‚ÄĚ
In compliance with Canadian legislation, effective July 1, 2014, BTB‚Äô practices in responding to¬†
‚Äúdo not track‚ÄĚ 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 ‚Äúdo not track‚ÄĚ¬†
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.
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¬†
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.
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‚Äôs¬†
privacy seriously and encourages parents to play an active role in their children‚Äôs 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‚Äôs personal information, please contact us at¬†
HOW WE WILL SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES
We will share the personal information we collect from you under the following circumstances:
‚óŹ 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.
‚óŹ Asset transfers. If we become involved in a merger, acquisition or other transaction¬†
involving the sale of some or all of BTB‚Äô 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¬†
‚óŹ 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¬†
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¬†
When you click on a third party logo or URL displayed on our Site which links you to a different¬†
third party to see how your personal information will be handled on their website. If you cannot¬†
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¬†
WHAT CHOICES DO YOU HAVE ABOUT THE COLLECTION AND USE OF YOUR¬†
By using the Site, you consent to our collecting, using, and sharing it in accordance with this¬†
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 ‚Äúmailings‚ÄĚ 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.
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.
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‚Äô fees, even if you would otherwise be entitled to¬†
WHAT SECURITY MEASURES DO WE TAKE TO SAFEGUARD YOUR PERSONAL¬†
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]