Surprise Flowers & Ornamental Plants Trading CO. L.L.C – Terms and Conditions
Surprise Flowers & Ornamental Plants Trading CO. L.L.C(Surprise Flowers) owns and maintains https://surpriseflowerbouquet.com/ website (“Site”). The following are the Terms and Conditions (“T&Cs”) that govern use of the Site and all its divisions, subsidiaries, and affiliate operated Internet sites which reference these T&Cs.
By using the Site, you confirm your understanding and expressly agree to be bound by these T&Cs and all applicable laws and regulations governing use of the Site. Surprise Flowers reserves the right to change, modify, add, or remove portions of these T&Cs at any time, which will be effective when posted on the Site, with no notice provided. Please check this page of the Site periodically for updates. Your continued use of the Site following the posting of changes to these T&Cs constitutes your acceptance of those changes.
If you do not agree to these T&Cs, you shall not use this website. If you violate these T&Cs, Surprise Flowers may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
1. USE OF SITE:
If you are either at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Site, under the T&Cs described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these T&Cs shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Surprise Flowers may change, suspend, or discontinue any aspect of the Site at any time. Surprise Flowers may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you to access the Site. Except as provided in the T&Cs, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of Surprise Flowers and/or its vendors. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers secure and for maintaining the confidentiality of their account. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly, or indirectly, in any way for any loss or damage of any kind incurred because of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. Surprise Flowers has no control over these sites or the content within them. Surprise Flowers does not guarantee, represent, or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Surprise Flowers does not endorse the content of any third-party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another sites, you agree and understand that you may not make any claim against Surprise Flowers for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us by email at email@example.com or call us on +971 58 259 8826.
United Arab Emirates is our Country of Domicile. Surprise Flowers controls this Site from the U.A.E. Surprise Flowers makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations, you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
Surprise Flowers will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, Office of Foreign Assets Control (OFAC) targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
2. USER SUBMISSIONS:
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
Materials of any kind submitted by you to Surprise Flowers through the Site or for inclusion on the Site will not plagiarize, violate, or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove, or edit any Submissions.
By providing materials to Surprise Flowers, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Surprise Flowers an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. Surprise Flowers may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Surprise Flowers for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to Surprise Flowers. Any communication or materials you send to Surprise Flowers will be treated as non-confidential and non-proprietary and may be disseminated or used by Surprise Flowers for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing products or services.
3. PRICING & ORDER ACCEPTANCE:
All prices shown on our Site are in United Arab Emirates Dirhams. Delivery charges if any, will be applied depending on the delivery location. Additionally, 5% value added tax (VAT) is applied on top of the purchase prices of all online and offline payments.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. If an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders even if the order has been confirmed and your credit card charged.
There could also be cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to the address and phone number of the receiver, before we accept the order.
Additionally, the Site may not be used to order items in bulk for resale, which may result in cancellation of order.
We use an award-winning payment gateway Telr, to secure your online transactions. The displayed price and currency selected by you, will be the same price and currency charged to your card and printed on the Transaction Receipt. Cardholder must retain a copy of transaction records and Merchant policies and rules.
We also accept payment by PayPal, funds transfer to our bank account and by cash upon delivery.
5. TRADEMARKS AND COPYRIGHTS:
We are not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information, and other materials made available to users through our Site. The on-line materials on our Site are Surprise Flowers’s intellectual property and are protected by U.A.E. and international intellectual property laws. These materials are and will remain the exclusive property of Surprise Flowers and may not be copied or redistributed either in whole or in part without prior written consent of Surprise Flowers. All rights, titles, and interests in and to the on-line materials will be and remain vested solely with Surprise Flowers. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign, or otherwise convey the on-line materials, or any rights thereto, except as expressly and specifically provided in the T&Cs. Nothing in these T&Cs grants you the right, title, or interest, directly or indirectly, to use the on-line materials to create a product for resale or to use the on-line materials in any way that competes with Surprise Flowers. You acknowledge and agree that Surprise Flowers will own all rights, titles, and interests in and to any copy, translation, modification, adaptation, derivative work, or improvement of the on-line materials made by or for you.
Surprise Flowers may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence, or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
6. APPLICABLE LAW AND JURISDICTION:
These T&Cs shall be interpreted and governed by the laws in force in Dubai, United Arab Emirates. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Dubai and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these T&Cs will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You understand and agree that at Surprise Flowers’s sole discretion, and without prior notice, Surprise Flowers may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Surprise Flowers believes that the information you provide has violated or is inconsistent with these T&Cs, or violates the rights of Surprise Flowers, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Surprise Flowers for violations of these T&Cs, and you consent to injunctive or other equitable relief for such violations. Surprise Flowers may release user information about you if required by law or subpoena.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person because of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Surprise Flowers in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
You agree to indemnify and hold Surprise Flowers, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the T&Cs.
If any provision of the T&Cs is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
These T&Cs supersede all other written and oral communications or agreements. A waiver or modification of these T&Cs will only be effective if made in writing signed by an authorized representative of Surprise Flowers.
Headings & section titles in this T&Cs are for convenience and do not define, limit, or extend any provision of this document.