Welcome to WishFlora (“we,” “our,” “us”). Please read these Terms and Conditions (“Terms”) carefully before using our website https://wishflora.com/ (“Site”). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site.
1. Acceptance of Terms
By accessing and using WishFlora, you accept and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site.
2. Changes to Terms
We reserve the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting on the Site, with an updated effective date. It is your responsibility to review these Terms periodically. Continued use of the Site after any changes constitutes acceptance of the new Terms.
3. Use of the Site
a. Eligibility
You must be at least 16 years old to use our Site. By using the Site, you represent and warrant that you are at least 16 years old.
b. License to Use Site
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes, subject to these Terms.
c. Prohibited Activities
You agree not to:
- Use the Site for any unlawful purpose.
- Attempt to gain unauthorized access to any part of the Site.
- Use any automated means to access the Site without our express written permission.
- Upload, post, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
- Violate any applicable local, state, national, or international law.
4. User Accounts
a. Account Creation
To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
b. Account Security
You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
c. Account Termination
We reserve the right to terminate or suspend your account at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms.
5. Intellectual Property
a. Ownership
All content, features, and functionality on the Site, including but not limited to text, graphics, logos, images, and software, are the exclusive property of WishFlora or its licensors and are protected by international copyright, trademark, patent, and other intellectual property laws.
b. Restrictions
You may not:
- Reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Site without our prior written permission.
- Use any meta tags or any other hidden text using WishFlora’s name or trademarks without our express written consent.
- Remove or alter any copyright, trademark, or other proprietary notices from the Site.
6. User-Generated Content
a. Responsibility
You are solely responsible for any content you upload, post, or otherwise transmit through the Site. By submitting content, you represent and warrant that you have all necessary rights and permissions to do so.
b. License to Use Content
By submitting content to the Site, you grant WishFlora a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Site and our business.
c. Content Removal
We reserve the right to remove any user-generated content that violates these Terms or is otherwise objectionable, at our sole discretion.
7. Third-Party Links and Content
Our Site may contain links to third-party websites or services that are not owned or controlled by WishFlora. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that WishFlora shall not be liable for any damages or losses caused by your use of any third-party websites.
8. Disclaimers
a. General Disclaimer
The Site and its content are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
b. Content Accuracy
While we strive to provide accurate and up-to-date information, we make no guarantees regarding the completeness, accuracy, reliability, or availability of the Site or its content.
9. Limitation of Liability
To the fullest extent permitted by law, WishFlora shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Site.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party.
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site.
10. Indemnification
You agree to defend, indemnify, and hold harmless WishFlora and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any user-generated content submitted by you.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within [Your Jurisdiction] for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.
12. Termination
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will cease immediately.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court, the remaining provisions will remain in full effect.
14. Entire Agreement
These Terms constitute the entire agreement between you and WishFlora regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Effective Date: January 8, 2025