- Application and Acceptance of the Terms
- You may not access or use the Services or the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract, or (b) you are not permitted to receive any Services under the laws of Maryland, United States or other countries / regions including the country / region in which you are resident or from which you access and use the Services and the Site.
- MbnFlowers may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to access or use the Services or the Site, you agree that the amended and restated Terms will apply to you.
MbnFlowers collects publicly available data from open sources via website indexing on Flowers Stores, Florist Designers, Nurseries and Growers operating throughout the USA and makes it available in an organized structure on a single platform.
The Stores (also referred to as ”Sellers” or ”Merchants”) have an option to set up/register and manage stores with their own profile and sell their products and services to end users. When you buy a product/service, the contract for sale is solely between you and the Store. That means that when you buy any product/service on our platform/website, you are making a purchase from the Store who listed the product and the Store is responsible for fulfilling your order.
- Conclusion of Contract and Registration
You make a binding offer for the use of our services when you apply for Registration. Registration occurs when you send a request to firstname.lastname@example.org.
The contract for the use of our Services is concluded when we send a welcome message to the e-mail address you provided to us as part of the registration process (“Conclusion of Contract”) after receipt of your offer. This confirmation e-mail represents our acceptance of your offer.
MbnFlowers provides platform that allows Stores and users to share information and complete purchases. Merchants are responsible for their stores, their products and services, and the processing and delivering of your order.
Each final price is determined by or based on a price supplied by the Merchant offering a product/service. Merchants are obligated to provide accurate information, but MbnFlowers is not able to guarantee the truth or accuracy of the information in product/service listings.
MbnFlowers does not guarantee:
- the existence, quality, safety, suitability, or legality of any Store items or item listings;
- the truth or accuracy of any product/service descriptions or other content provided by Merchants;
- the truth or accuracy of ratings, reviews, or other User Submissions; or
- the performance or conduct of any Store.
Except if we clearly indicate otherwise, MbnFlowers does not endorse any store, product, or service. You should make any investigation you feel is appropriate before making a purchase from a Merchant.
- Rules and Restrictions
- To register an account you will be required to provide us certain information. You promise to provide us with accurate, complete, and updated information about yourself. You are obliged to keep your registration information, including your e-mail address, up to date and inform us about changes without undue delay.
- You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
- You must not create multiple accounts and you must not let others use your account.
- You agree to use this Site in a manner consistent with any and all applicable rules and regulations.
- When accessing or using our services, you agree not to:
- Infringe or violate the intellectual property rights or any other rights of anyone else (including MbnFlowers);
- Violate these Terms, MbnFlowers policies, or any law or regulation;
- Fail to pay for products and services purchased by you;
- Fail to deliver products and services sold by you, unless you have a valid reason, for example, you cannot contact the buyer;
- Post false, inaccurate, misleading or deceptive content;
- Engage in activity that is deceptive, threatening, defamatory or obscene;
- “Crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content and/or (ii) in a way that violates someone else’s (including MbnFlowers‘) rights.
- Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk.
- We have no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site or service.
- Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
- Costs and Fees
It is currently free to access and browse the products and services. You may choose to buy products/services from Stores, and you will be responsible for paying the purchase price of any product/service you buy. MbnFlowers is not your contract partner when purchasing products/services from Stores.
The registration of stores, as well as the page management is free of charge. A service fee of twenty percent (20%) will apply for every sell. You must timely pay all fees or amounts associated with your use of the Services.
- Fraud & Chargebacks
We treat fraud very seriously and it is a serious internet crime. Any attempt to fraud or compromise our system will cause automatic and indefinite block of your account. Any, chargeback filed for the payment made is considered a violation of our policy and will lead to account deactivation and further investigation.
We aren’t responsible for any disputes arising from your purchases on the MbnFlowers Site from any Seller/Store and all such disputes, including billing disputes should be submitted, as applicable, to the Seller in question, or to payment processor.
- Term and Termination
- This agreement runs for an indefinite period of time.
- You’re free to stop using the Services at any time and terminate the Terms by sending a notice of termination to us. Any unpaid amounts you owe Stores for products and/or services purchased will remain due. MbnFlowers is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.
- The right to terminate this agreement for good cause remains unaffected.
- Changes to Terms or Services
- MbnFlowers has the right to change the contractually agreed services and these Terms if and to the extent that this is necessary for a valid reason that could not have been foreseen at the time the contract was concluded, and this change is reasonable for the user, in particular because the relationship between performance and counter performance does not significantly change to your disadvantage.
- In case of material changes MbnFlowers will provide appropriate notice regarding changes to the Services or these Terms (“Notice of Changes”).
- In the event of changes to the contractually agreed services and these Terms, you have the right to terminate this contract in text form at the time the changes take effect.
- Changes to the contractually agreed services and these Terms are deemed approved by you if you do not expressly object to them after receipt of the Notice of Changes.
- Limitation of Liability
To the extent permitted by applicable law, MbnFlowers limits or excludes its liability for:
- your use of the Services, including any downtime or periods of unavailability;
- products, services, information or other content provided by third parties;
- the use of products and services purchased from Merchants; or
- any indirect, consequential or special damages.
THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT MbnFlowers MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. MbnFlowers MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, MbnFlowers IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
- Governing Law
These Terms shall be governed by the laws of the State of Maryland, United States without regard to conflict of law principles. The parties are independent contractors. These Terms shall not be construed to create a joint venture or partnership between the parties. Neither party shall be deemed to be an employee, agent, partner, or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other. You agree that the Arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, and may not otherwise preside over any form of a representative or class proceeding.
- General Terms
- We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
- These Terms constitute the entire agreement between the parties with respect to the subject matter hereof.
- If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- Any failure of either party to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
- You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and MbnFlowers as a result of these Terms or your use of the Service.
- We may transfer, assign, or delegate these Terms and our rights and obligations with prior notice to you.
- Notices, declarations, claims and complaints shall be made via email to email@example.com.
- Should the parties be prevented from fulfilling their contractual obligations by force majeure such as natural disasters, war, terrorism, industrial disputes, sovereign orders or other circumstances which are beyond their control or the prevention of which cannot be achieved with reasonable technical or economic effort, the parties are released from their contractual obligations as long as these circumstances and their consequences have not been finally eliminated. In all the above-mentioned cases of release from performance, the parties are not entitled to claim damages.
Address: 3261 Old Washington Road, Waldorf, MD, 20602, USA