AGREEMENT TO TERMS AND CONDITIONS BETWEEN USERS AND (BLOOMZON.COM)
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Option 1: The Site is intended for users who are at least 18 years old. Persons below the age of 18 are not permitted to use or register for the Site, by using this website, YOU confirm you are at least 18 Years.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
SECTION 1.1 USER REPRESENTATIONS
By using the Site you represent and warrant that:
● All registration information you submit will be true, accurate, current, and complete;
● You will maintain the accuracy of such information and promptly update such registration information as necessary;
● You are not under the age of 13.
● You are not a minor in the jurisdiction in which you reside or if a minor, you have received parental permission to use the Site.
● You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
● You will not use the Site for any illegal or unauthorized purpose;
● Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
SECTION 1:2. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
SECTION 1:3 PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
● Systematically retrieve data or other content from the Site to create or decompile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
● Use the Site to advertise or offer to sell goods and services.
● Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
● Engage in unauthorized framing of or linking to the Site.
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
● Make improper use of our support services or submit false reports of abuse or misconduct.
● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
● Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
● Attempt to impersonate another user or person or use the username of another user.
● Sell or otherwise transfer your profile.
● Use any information obtained from the Site in order to harass, abuse, or harm another person.
● Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise without prior permission decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
● Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
● Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
● Delete the copyright or other proprietary rights notice from any Content.
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
● Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
● Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
SECTION 2: GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
● You should have firsthand experience with the person/entity being reviewed.
● Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
● Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
● Your reviews should not contain references to illegal activity.
● You should not be affiliated with competitors if posting negative reviews.
● You may not post any false or misleading statements;
● You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and reasonable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SECTION 3: WEBSITE ACCESSIBILITY
MOBILE APPLICATION LICENSE
You shall not:
● Decompile, reverse, engineer, disassemble, attempt to derive the source code of, or decrypt the application.
● Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
● Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
● Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the license of the application.
● Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
● Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
● Use the application for creating a
product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
● Use the application to send automated queries to any website or to send any unsolicited commercial e-mail.
● Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
SECTION 3:1 APPLE AND ANDROID DEVICE
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
● The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
● In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
● You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
● You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
SECTION 3:2 SOCIAL MEDIA
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
SECTION 3:3 THIRD-PARTY WEBSITES AND CONTENT
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SECTION 4: INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws in Nigeria and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
SECTION 5: USERS SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
SECTION 6: GOVERNING LAW
SECTION 6:1 DISPUTE RESOLUTION
Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Lagos State, Nigeria and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in such state and federal courts.
Option 2: Informal Negotiations
SECTION 7: Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association and the Nigeria Arbitration and Conciliation Act (''AAA'' & ''ACA'') and, where appropriate, the AAA’s and ACA's Supplementary Procedures for Consumer Related Disputes (“AAA and ''ACA'' Consumer Rules), both of which are available at the AAA and ACA website www.adr.org and https://www.acerislaw.com/
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA and ACA Consumer Rules depending on Location and, where appropriate, limited by the AAA and ACA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA and ACA rules or applicable law, the arbitration will take place in Africa (Nigeria) and U.S.A (America),. Except or otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 3: Binding Arbitration
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and that of Nigeria Arbitration Law, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website adr.org and https://www.acerislaw.com/
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than 1 (One) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 2/Option 3: Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Option 2/Option 3: Exceptions to Informal Negotiations and] Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
SECTION 8: TERM OF TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
SECTION 9: USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, violent, harassing, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
SECTION 9: 1 CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
● To edit, redact, or otherwise change any Contributions;
● To re-categorize any Contributions to place them in more appropriate locations on the Site.
● To pre-screen or delete any Contributions at any time and for any reason, without notice. We have the obligation to monitor your Contributions.
SECTION 10: ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Site base on our subscription plan such as banner advertisements placed on HEADER or FOOTER or SLIDER. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA take down-related issues.We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
SECTION 12: CLUB POINTS
As part of our BLOOMZON.COM marketing tools, we uses club points. As a user of or website we accept that club points has a good monetary value and can be exchange for cash and as a user you agree club points cannot be withdrawn but used to pay for new purchase orders.
SECTION 13: AGREEMENT OF PURCHASE AND PAYMENT FOR BUYERS
BLOOMZON.COM ASSUMES THAT YOU HAVE READ AND UNDERSTOOD THIS BEFORE
INITIATING ANY PURCHASE ON THIS SITE.
This agreement is between (BUYER), and(BLOOMZON.COM).
WHEREAS, BLOOMZON.COM desires to sell to the BUYER a comprehensive collection of
(PRODUCTS), which is more particularly described and displayed on the website(visit the products catalog) and,
WHEREAS, the BUYER deems it in its interest to acquire the PRODUCT, and is agreeable to purchasing the PRODUCT under the terms hereafter stated;
NOW, THEREFORE, the parties hereby agree as follows:
SECTION 13:1 PURCHASES:
BLOOMZON.COM agrees to sell, and the BUYER agrees to buy, the PRODUCT
for a total purchase price of (As stated under the product in the products catalog). The BUYER shall
initiate payment of the Purchase Price immediately after receipt and satisfactory
inspection of the Collection.
SECTION 13:2 USERS OF PROFESSIONAL SERVICE:
BLOOMZON.COM provides a platform for Professional service. As a user you understand and Agree that all materials privately transmitted for service required to Professional service provider (Accountant, Lawyer Architect etc) is your sole responsibility.
As Users of Professional Service, if you purchase any service that service providers offers for a fee, either on a one-time basis, You Agree that the provider may store your payment information. You Agree to pay the applicable fees for service ordered or any additional administrative charge that may applied plus all related taxes.
Any recurring charge will be fixed at the price agreed at the time of purchase. You will be notified of a billing Terms by BLOOMZON.COM
SECTION 13:3 PAYMENTS
We accept the following forms of payment: PAYPAL, MASTER CARD, VISA CARD, VERVE CARD. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in the country currency you are shopping from.
You agree to pay all charges at the prices then in effect for your purchases any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
SECTION 13:4 DELIVERY/SHIPPING FEE
We make efforts to deliver goods within estimated time frame however, delay may occur due to unforeseen factor.
We shall not be under no liability for any delay or failure to deliver the products within estimated time frame. You agree not to holdAbi he seller liable for the delay,
(a) On successful purchase of the product and payment of the shipping fee, BLOOMZON.COM will arrange for shipping of the product to the buyer through it's shipping agents.
(b) Risk of Loss: BLOOMZON.COM bears responsibility for the PRODUCT, including responsibility for the risk of loss or damage to the PRODUCT, until such time as the BUYER receives the PRODUCT.
(c) Inspection and Acceptance: After receipt of the PRODUCT, the BUYER will have 10 days in which to inspect the PRODUCT to ensure that all the items listed or described on Attachment are included, and that the PRODUCT is in the same condition as noted in the purchase list. A significant discrepancy in the inventory and/or condition of the PRODUCT, if unresolved by the parties, is grounds for refusal of the PRODUCT by the BUYER and has RIGHT
TO REQUEST FOR FULL REFUND OF THE MONEY PAID FOR THE PRODUCT. A “significant discrepancy” is defined as:
(i) the case whereby the product delivered is not the same as the one requested for by the buyer.
(ii) the seal of the product delivered to the buyer is broken.
(iii) already used product.
In the event that such a discrepancy exists, the PRODUCT will be returned to BLOOMZON.COM, at the BLOOMZON.COM expense, unless the BLOOMZON.COM cures the discrepancy no later than 10 days after the BUYER provides written notice of the discrepancy, or such later time as may be agreed upon by the parties. The BUYER will or may, at HIS discretion, accept as replacements different PRODUCT from the BLOOMZON.COM.
SECTION 13:5 RETURN/REFUNDS POLICY
All sales are final and no refund will be issued./Please review our Return Policy posted on the Site prior to making any purchases.
SECTION 14: WARRANTIES AND INDEMNIFICATION.
(a) Warranty of Title
BLOOMZON.COM represents and warrants that the Seller is the true and lawful owner of the property conveyed by this agreement and has full power to convey such property, and the title so conveyed is free, clear, and unencumbered. Meanwhile, should this item or product is faulty, we can recommend the nearest product service center, but we do not take responsibilities for repairs.
(b) Authority to sign agreement: BLOOMZON.COM hereby warrants that it has the
authority necessary to sign this agreement.
(c) Bloomzon. Com Indemnification. This indemnification binds the heirs, executors, administrators, and assigns of the Seller.
NOTICE: All notices required to be given hereunder shall be sent by
BUYER to Support@bloomzon.com Notice is effective at the date given.
SECTION 15: MISCELLANEOUS.
(a) Nature of Relationship: Nothing in this agreement is intended or is to be deemed to create a partnership or joint venture between the Institution and the Buyer.
(b)No Waiver: No waiver or modification of any of the terms of this agreement will be valid unless in writing. No waiver by either party of a breach hereof or default.
Hereunder will be deemed a waiver by such party of any subsequent breach or default.
(c) Serviceability: If any particular term, covenant, or provision of this agreement is determined to be invalid or unenforceable, the invalidity or unacceptability thereof will not affect the remaining provisions of this agreement, which will nevertheless remain in full force and effect.
(d) Force Majeure: Performance by either party under this agreement is excused during the period such performance is prevented or delayed by government restrictions (whether with or without valid jurisdiction), war or warlike activity, insurrection or civil disorder, or any other causes similar or dissimilar to the foregoing that are beyond the control of either party and are not foreseeable at the time the agreement is executed.
(e) Captions: Any captions or headings to the sections of this agreement are solely for the convenience of the parties hereto, are not part of this agreement, and are not to be used for the interpretation or determination of the validity hereof.
(f) Counterparts. This agreement may be executed in counterparts and either party hereto may execute any such counterpart, each of which when executed and delivered will be deemed to be an original and all of which counterparts taken together will constitute one and the same instrument.
(g) Assignment: Neither party hereto may assign this agreement without the written consent of the other, such consent not to be unreasonably withheld.
(h) Entire Agreement: This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all per-existing agreements and understandings between them with respect thereto.
(i) Choice of Law and Venue: This agreement is to be governed for all purposes by, and construed in accordance with the law binding the company (BLOOMZON.COM) and venue lies exclusively in the court of law.
SECTION 16: INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
1. Your Contributions.
2. Use of the Site.
5, Your violation of the rights of a third party, including but not limited to intellectual property rights.
6, Any harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
KEY: PLEASE NOTE THAT MOST OF THE PRODUCTS ON THIS SITE ARE NOT OWNED BY BLOOMZON.COM. FOR SUCH PRODUCTS, BLOOMZON DOES NOT REPRESENT THE MANUFACTURER ALTHOUGH BLOOMZON.COM IS USED TO REPRESENT ALL MANUFACTURERS ON THIS SITE.
HOWEVER, WHERE YOU HAVE PROBLEM WITH ANY MANUFACTURER, YOU HAVE THE RIGHT TO REPORT SUCH MANUFACTURER TO THE ADMINS OF BLOOMZON.COM THROUGH THIS EMAIL ADDRESS;(a) firstname.lastname@example.org
SECTION 17: AGREEMENT TERMS FOR SELLER
This agreement is between (SELLER), and (BLOOMZ0N.COM) WHEREAS, BLOOMZON.COM designed a platform that enables sellers to sell their (PRODUCT) to the public online. The seller has the Contractual Right to sell their product on (Bloomzon.com) website. BLOOMZON.COM renders the service of providing the platform for SELLERS to displayed products to end user or consumers. Additional support is provided by BLOOMZON.COM for sellers to Promote the PRODUCTS through our different Advertising channels provided SELLERS agree ADVERTISEMENT POLICY as stated in Terms and Conditions.
under the terms hereafter stated;
NOW, THEREFORE, the parties hereby agree as follows
SECTION 17:1 OBLIGATION OF SELLERS
(b) The SELLER will be responsible for uploading on the website, providing necessary information on product displayed, this includes but not limited Product name, Price, Quantity, Product Image and description. SELLERS must notify BLOOMZON.COM of any changes to details of the products displayed on the website.
(c) In order for BLOOMZON.CON to maintain its reputation for quality and high standard of service, BLOOMZON.COM has the sole right to terminate the relationship with SELLER after fair hearing and due investigation, if bad reviews or complaints from the BUYERS are received.
(d)The SELLER agrees to the authorization of BLOOMZON.COM to take orders and receive payments on their behalf.
(e) The SELLER Attest to the right information of products displayed on BLOOMZON.COM meets the Legal requirements, and in particular satisfies information requirement for consumer protection and that information provided does not violate third party’s right.
(f) The SELLER agrees that no advertising email or other commercial advertisements will be sent BUYER without notifying and receiving approval from BLOOMZON.COM.
(g) The SELLER agrees that repeated stock-outs will result in the removal of all their products from BLOOMZON.COM website.
(h) In the event that the SELLER is unable to fulfill an order submitted. SELLER must notify BLOOMZON.COM as soon as possible, and within 1(One) day of receiving the order at the latest.
(i) The SELLER affirms that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products they are selling through the website.
SECTION 17:2 SUBSCRIPTIONS:
(1) The SELLER Agrees to pay a monthly fee to BLOOMZON.COM for subscription for the display on product on the website, renewable monthly and is subject to change. In the event of the introduction of further fees, the SELLER will be notified prior to their commencement in writing.
SECTION 17: 3 FOOD AND GROCERY
The SELLER agrees that by displaying their menu dishes for food or groceries through our website, you remain responsible for the preparation, quality. Agree to take particular care providing food or groceries when orders are placed. You accept to be fully complaint with the applicable extant regulations to avoid punitive sanctions. Adhere to BLOOMZON.COM policy on USERS CONTRIBUTION as stated in section 2 of the terms and condition. SELLERS Agrees that they have read and Understood BLOOMZON.COM Policy on food and grocery as stated in BLOOMZON.COM Retun and Refund policy.
SECTION 17:4 PROFESSIONAL SERVICE
As a Service Provider you Agree not to reproduce, exploit any resources, violate security systems. You are prohibited from using facilities or information provided by client in connection with service rendered to compromise BLOOMZOM.COM security or tamper with system resources,
You Agree that if a third party claims that material collected by you for service rendered has been used for unlawful purpose you idemnify BLOOMZON.COM of all charges and YOU will be held Liable by law.
SECTION 18: MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
SECTION 18:1 CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at anytime, without prior notice
SECTION 19: DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SECTION 20: LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST OF PROFIT, LOST OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LOSS OR DAMAGE. (DIRECT ,INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL) WITHOUT LIMITATION AND NOT ANY MEMBER OF BLOOMZON.COM ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, CORRECTION IN EVENT OF ANY SUCH LOSS OR DAMAGED ARISING. IF THE APPLICABLE LAWS DOES NOT ALLOW LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY.
BY ACCEPTING THIS AGREEMENT YOU HOLD BLOOMZON.COM ITS ENTIRE EMPLOYEES AND HARMLESS FROM ANY CLAIMS AS A RESULT OF BREACH OF THESE TERMS AND CONDITIONS.
Last Updated: November 25th, 2021.