Terms & Conditions
Florame is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy or completeness of Content, including without limitation the availability or effectiveness of any product. Florame does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.
Through the Services, you may be able to review Content, upload and download files, register for membership, make purchases, sign up for contests, communicate and establish relationships with other users, and post photographs, video and audio clips, reviews, information, opinions and comments. Florame reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, Florame reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.
Profiles, Blogs and Boards.
User Generated Content.
Florame does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by the Florame prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that Florame shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being distributed or posted, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.
Certain portions of the Services may offer you the ability to send (by e-mail or otherwise) messages directly to Florame or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of such features or from interception or unauthorised use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.
Florame reserves the right - but has no obligation to monitor disputes between users. In the event a dispute arises between you and Florame or any third party, please e-mail the Company at firstname.lastname@example.org and we will work quickly towards a resolution. Florame will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement.
Ownership and Use of Content.
Except as otherwise set forth herein, as between you and Florame, all Content is owned by Florame and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Florame. Please contact us at email@example.com with any licensing inquiries.
By providing information or posting Content through the Services, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. Florame does not assert ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you.
Notwithstanding the foregoing, you hereby waive all rights to any claims against Florame for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company the rights described herein. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company, its parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors, shareholders and licensees (the "Florame Parties”), from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised any third party against the Florame Parties in connection with your User Generated Content.
Furthermore, you agree to release the Florame Parties from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Services and the use by Florame of User Generated Content provided by you. If at any time you are not happy with any aspect of the Services or you object to any Content, your sole remedy is to cease using them.
Advertisements and Third Party Content.
Limitation of Use.
You agree that you will neither post nor submit any User Generated Content that:
- is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
- violates the copyright, trademark or other intellectual property rights of any other person or Florame;
- is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
- imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
- is for the purpose of spamming or promoting goods or services without our prior authorisation;
- is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
- contains any virus, Trojan horse, worm, time bomb, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
- is libellous or invasive of privacy or publicity rights or any other third party rights.
Furthermore, you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal data about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Florame, the Services, or their users; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user or Florame.
The Digital Millennium Copyright Act of 1998 ("DMCA”).
The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
(a) Physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
(c) Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services;
(d) The name, address, telephone number, and email address of the complaining party;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner or the law; and
(f)A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
Florame and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorised printouts of the Content, you are not authorised to make use of any names, logos or taglines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any Florame names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, "Florame IP”). At no time during or after the term of this Agreement shall any user, either directly or through any third party or agent (i) challenge or assist others to challenge the Florame IP or the registration thereof; (ii) attempt to use or register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Florame IP, or domain names incorporating any of the same; or (iii) incorporate any Florame IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Florame marks, names or designations by operation of law or otherwise, you will immediately upon request from Florame, and at no expense to Florame, assign such rights, registrations and applications to Florame or its designee.
Registration and Security.
In connection with your use of the Services, you may establish or otherwise receive Florame user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Services.
You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ("Registration Information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorise Florame, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Florame reserves the right to vigorously pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Florame cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Florame has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Florame shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Florame harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Florame if you become aware of any loss or theft of your User Codes or any unauthorised use of your User Codes. Florame reserves the right to block your User Codes for any reason.
For your protection, Florame may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error.
Products offered through the Services are offered subject to availability. While we do our best to ensure that product and pricing information is current and complete, Florame is not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for products are quoted in AUD dollars and are valid only in Australia. Florame may, from time to time, offer promotions for shipping and other discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor. If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorised, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by Florame to deliver the product purchased by you, (e) you have abused or misused promotions or promotion codes, or (f) you have otherwise used the Services to enter into an improper transaction, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Services, and terminate all of Florame's obligations hereunder. In addition we reserve the right to charge you an administrative processing fee equal to 10% of the total billable amount, which charge you hereby authorise by entering into a transaction through the Services.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless (x) you notify Florame within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with Florame directly, and such efforts have failed. You can e-mail details regarding your dispute to firstname.lastname@example.org
Prices and Payments.
You agree pay all charges and fees applicable to your transaction, including without limitation, sales taxes and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. Florame reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).
Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Florame or its licensees or affiliates to any registration requirement within such jurisdiction or country.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORISED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. FLORAME SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT.
TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
Term & Termination.
Applicable Law; Jurisdiction.