Terms and Conditions

www.floversary.com is a website which aims to sell floral products to its end users. Kindly please take note on the following :-

(a) By accessing to our website, you have signified your consent, and agreement to all the terms and conditions stated herein which to be referred as (‘terms of use’). In these terms of use, “us”, “we” and “our” refer to www.floversary.com

(b) In the event that you disagree or do not consent to the whole or any part of the Terms of Use, you are advised to stop using our website immediately or in the event you elect to use the website www.floversary.com, you have then waived your disagreement and deem to have consented to all of the Terms of use without any reservation.

(c) The terms of use maybe varied without any prior notice to you and you are advised to regularly check the website for any updates on the terms of use.

1. General

www.floversary.com is an independent e-commerce platform. We reserve an absolute right to amend or to modify or any action which causes the information therein to be varied without any prior notice to you.

In the event that you have log on to the website by entering your username and password as required, you have then agreed to be bound by all the terms in use and that paragraph (a), (b) & (c) as abovementioned are readily applicable to you.

We will not be responsible for any negligence on your part for registering any account of which does not recognize you being the previous user as a result of wrong, mismatch of password. Hence, you are advised to keep your password secured as it is deemed to be under your responsibility.

All of the account registered by you shall be kept by you and shall be only used by yourself. It is your responsibility to keep your account as private use without allowing any third party of which is not being the owner of the account under any circumstances. Upon such breach or suspected breach, we reserve right to discontinue your account and you shall be refused to access the website without any claims or compensation against us. There shall be no whatsoever claims against us and such right is an absolute right by us. There shall no explanation to yourself upon breaching the terms.

2. Access to website

By accessing our website, you hereby then agreed to be bound by Clause 1 and Paragraph (a), (b) & (c) without any reservation.

You hereby then agreed and to further confirm on the following:-

a) You are a person who has attained a Majority Age as defined in the Malaysian Law or any other jurisdiction.

b) You are not a minor which incapable of making any decision and that in the event if you are 17 years old, your access to the website shall be verify by guardian or parents by sending an email for record and approval purposes. We reserve rights to either approve or reject your application without any further explanation and such right is to be made absolute right.

c) All information provided by you in this website is deem to be true and not misleading in all aspect which includes name, email, phone number, bank details or any other information which deem to be material by Floversary Sdn. Bhd. (Malaysia)

d) You have also hereby agreed to indemnify us in the event of any claim or losses against us or made against us as a result of your misleading, inaccurate information. That you agree it is within your responsibility and sole responsibility over all your information provided in the website www.floversary.com.

e) You shall undertake to indemnify us for any claims by any 3rd party as result of your misleading, inaccurate information’s which you have provided on our website.

f) You have agree not spread any computer viruses by uploading any information of which you have a knowledge that it may cause a disruption to the website and the system. You are hereby advised to keep your information clean.

g) We shall be at absolute discretion to terminate any account in the event you have failed to provide us any information or further information for the purposes of verification without any prior notice to you. In the event that those information is deem to be misleading or fail to verify certain information needed for the purpose of verification, we reserve absolute right to delete the said information. Without any prejudice to our right as spelled above, any losses or claims shall not be borne by us and you agree to indemnify us for any losses or claim made by any party who has relied upon the said information.

h) You hereby consent that shall your particulars is needed in pursuant to any Court Order or Government Agency for the purpose of Investigation, we are at liberty to release those information as required by law without any prior notice to you. The information is not only limited to the documents sent to us for any verification if any, or any publication, writing or media posted on the website, but also include personal information of which deem to be sensitive or insensitive.

i) You hereby agree that the terms of use is reasonable and fair and you have agreed to be bound by whole part of the terms without any reservation on it. You have agreed that you have read through the terms of use before perusing the website and that in the event you do not understand some of its term, you have referred all part of terms herein to your attorney or to any party of which you believe possesses required knowledge over the content of the terms herein.

j) In the event that information given to us for the purpose of the verification is verified by us, it does not leave the liability to us shall those information found out to be untrue. In that situation, you undertake to indemnify us against any verification or authentication of which was required to be done by us at the first place.

k) All payment to www.floversary.com shall not be refundable and not to be treated as deposits.

l) Understand that www.floversary.com makes use of Google API(s) in the provision of its services, and by using our website, you are also bound by Google’s Terms of Service;

m) The communication between us and you shall be limited to only emails and other service announcement.

n) The current services in the website may be vary from time to time without prior concern, or notice to you. Such power shall be render absolute and without any reservation.

o) You will not conduct yourself in any manner, on our website for your own commercial purposes or for the commercial ventures of others;

p) You undertake to review and visit the terms of use regularly from time to time as to make sure on whether new terms has been inserted of which may direct you to either continue or discontinue serving or using our website. In the event you agree not to use the website upon disagreement of certain terms of use as varied and modified, you shall inform us via writing in email and from 3 working days of the said email, you shall leave the website and we may delete your account therein.

 

The user may experience some interruption to the said website. Upon such event, you have agreed that there shall be no claim or loss to be made against us and we shall not be held liable should the services of the website become inaccessible. We would only take remedial step to resume the operation as before however, there shall be no indemnity or guarantee from us that such website shall resume within certain period of time. We would only to provide information as to the progress of the remedial steps taken.

3. Reliance on Information

As applicable to the users of the website either as visitor or user who has registered an account in the website, it is to be understood by all parties that all of the information made available on certain period of time, or on that material of time shall only be constitute as general information and shall never constitute professional opinion. Those information shall not be replied upon as professional advice and any reliance to such information shall be relied upon on the risk of the user or visitor who wishes to act on those information before making any decision. The information shall only be used on your discretion and you are to verify those information in terms of accuracy, truth with your attorney or qualified professional whoever you deem qualified and necessary.

The website may contain hyperlinks to other websites. You hereby agree that all of the link shall be treated as general information and truth of those contents shall be further verified by any qualified professional before acting on those information of which deem necessary by you. We have no control over the contents of these sites and will not be liable for any damage or loss caused by reliance on information provided by these sites. It is deemed that you accept the risks associated with entering these other sites.

4. Intellectual Property rights

You hereby agree that that the website and its contents, including graphics, logos, designs, page headers, button icons, scripts, and service names but not limited thereto are protected by Intellectual Property rights and which rights belong to us. Accordingly, you are not permitted to copy, reproduce (with or without modifications), upload, transmit or distribute any of the contents of the website, unless we have authorised you (in writing) to do the same. Without the said written authorization, you shall be deemed to be infringing our Intellectual Property rights and we may commence legal proceedings against you besides suspending or deleting your account without being liable to you. You are also not to modify the contents of the website other than those contents that you have been authorised to modify by virtue of your subscription to our website. Any unauthorized modifications will be dealt with accordingly by law.

You agree to not access the website and/or operate our website in any other manner than as provided for at our website.

5. Limitation of Liability

We will use reasonable efforts to ensure that the information posted on the website is true and accurate. However, you hereby agreed that we will not be responsible for any loss and claims as a result of you acting on the informations relied upon in the website. Regardless of any may still be inaccuracies/delays present, including but not limited to inaccuracies which may arise due to the passage of time such that information might have become outdated or inaccuracies from the erroneous input of date, such may happen even we have taken best reasonable step for purpose of remedial of the said problems. As such, you will not held us liable for any of the shortcoming in the event you chose to rely on those information. You hereby agreed that any queries shall be directed to qualified professional appointed by yourself and reliance of the information in the website is at your own risk. We will not be held liable for any inaccuracies or mistakes or misrepresentations on the website and/or for the failure of the website, either partially or completely, by reason of our negligence, errors or omission that may or may cause you any loss or damage etc.

We make every effort to store accurately the details of your posting, listing or advertisement, contents, including photographs, videos and multi-media (in any form), and saved preferences including personalised settings, however, there is a possibility that these, all or some, may get deleted and we will not be held liable in manner to you for the same.

We are, at our absolute discretion, at liberty to delete or deactivate any account that has been dormant for more than a continuous period of not less than three (03) calendar months without being liable to you for any loss, expense or damages.

We may provide you with links to other third party sites at our website and you should only proceed to such third party sites if you agree that we would not be liable for any loss or damage that you may suffer by reason of the same as we are not in control of the said third party sites and you would not hold us liable for any loss/damage that is occasioned to you.

You agree that you accept that there are risks involved in dealing with others on the internet and that you accept the said risks and will not hold us liable in any manner whatsoever should you suffer any loss or damage by reason of the same.

6. Security

We use cookies for the website. By accessing the website, you consent to the usage of cookies by us. We will not be liable for any loss or damage which resulted from the usage of cookies. 

We will use reasonable efforts to keep our website virus-free through available technology. However, you agree not to hold us liable for any damage or loss caused by viruses or unauthorized software due to accessing the website. You will also not hold us liable for any damage or loss caused by viruses or unauthorized software as a result of accessing one of the hyperlinks on the website, which we have no control over.

7. Internet Communications

We will use reasonable efforts to protect communications which are made through our website. However, you agree that we will not be liable for any issues relating to the security, legitimacy, authenticity and confidentiality of any communication or any transaction made through the website.

You agree that internet communication may be exposed to third party intervention and you agree that we will not be held liable for any losses sustained by any such third party intervention.

8. Miscellaneous

We reserve an absolute right to shut down the website at any time, without any further notice to you. Our right shall be extended to the right of changing any hyperlinks to our websites or to disable them, at any time, without any further notice to you.

You agree that our officers, employees, agents, suppliers, and licensors shall not be liable to you for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings, direct, indirect, special, incidental or punitive losses or consequential damages) by reason of negligence of any nature and/or due to any act or omission or by reason of any breach of contract.

You hereby agreed that if any term or provisions of the terms of use shall, to any extent, be determined by a court of competent jurisdiction to be void, voidable or unenforceable, such void, voidable or unenforceable term or provision shall not affect any other term or provision of the terms of use. It also means that it will not render the whole terms of use to be void. The rest of the clauses survive.

You agree that we are at liberty to commence legal proceedings to enforce our rights herein should you breach any of the provision of the terms of use and seek the necessary relief against you with or without prior written notice to you.

9. Governing Law

The Terms of Use will be governed by the laws of Malaysia. Any dispute regarding the Terms of Use shall be resolved in the Malaysia Court and that only at the jurisdiction of Malaysia, which remain the exclusive forum for the resolution of all such disputes.