Terms of Use

Terms of Use

Welcome to Yummyflowerz. (" Yummyflowerz," " we ," " us " or " our ") owns and operates the www.yummyflowerz.com. Yummyflowerz provide this Website and our products and services to you subject to the following conditions.

BINDING AGREEMENT

Please read carefully these Terms of Use (the " Terms "), the Privacy Policy any other terms and conditions on the Website that govern particular features of the Website, all of which collectively govern your use of, and access to, this Website and any and all content, data, information and materials contained therein.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, THE PRIVACY POLICY AND THE ADDITIONAL TERMS, AND AGREE TO BE BOUND BY ALL OF THEM, AS EACH MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY YUMMYFLOWERZ, IN ACCORDANCE WITH THE TERMS.

The Privacy Policy and the Additional Terms are incorporated into the Terms by this reference. These Terms, the Privacy Policy and the Additional Terms set forth the entire, final and exclusive agreement between Yummyflowerz and you with respect to your use of, and access to, this Website and any and all content, data, information and materials contained therein and transactions completed thereon, and supersede all previous oral and written terms, representations, or understandings concerning your use of, and access to, this Website and any and all content, data, information and materials contained therein and transactions completed thereon.

PRIVACY

Please review our Privacy Policy, which also governs your visit to this Website, to understand our privacy practices.

PRODUCTS

Please review our Product Policy, which also governs your purchase of products through this Website for more information on the terms and conditions of sale for our Yummyflowerz bouquets and other products.

COPYRIGHT

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of yummyflowerz or its licensors or content suppliers and protected by copyright, trademark and other laws in the United States and other jurisdictions.

LICENSE, LIMITATIONS ON USE AND SITE ACCESS

Yummyflowerz grants you a limited license to access this Website, and to download or print a copy of the materials on this Website for your personal use only provided that you:

 
  1. keep intact all copyright and other proprietary notices;
  2. do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with Yummyflowerz;
  3. do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Yummyflowerz); and
  4. make no modifications to the material. you may not download (other than page caching), modify, copy, reproduce, republish, post, resell, upload, transmit or distribute material or any portion of it from the Website or any website owned, operated, licensed or controlled by Yummyflowerz or its licensors, except with express written consent of Yummyflowerz. The limited use license granted herein does not include any right for resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. We may grant you, at our sole discretion, a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website provided that:
  5. you do not use the Yummyflowerz logo or other proprietary graphic or trademark as part of the link without our express written permission;
  6. the link does not portray Yummyflowerz, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter;
  7. you do not use the link in a manner that would compete with or damage the goodwill associated with Yummyflowerz; and
  8. you do not use or post the link in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Yummyflowerz). To request our permission to create a hyperlink to the home page of this Website, please contact us at:

    Attn: Webmaster
    Yummyflowerz Malaysia.
    107 Jalan Telawi, Bangsar, KL. 59100 Malaysia.
    Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

    In addition, you agree not to:
  9. Use or access the Website for any purpose that is unlawful or prohibited by these Terms;
  10. Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yummyflowerz, or our subsidiaries or our affiliates without express written consent;
  11. Use any meta tags or any other "hidden text" utilizing Yummyflowerz trade names, service marks or logos without the express written consent of Yummyflowerz;
  12. Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Yummyflowerz without the express written consent of Yummyflowerz;
  13. Use or access the Website in a manner that could damage, disable, overburden, or impair any Yummyflowerz server or the networks connected to any Yummyflowerz
  14. Interfere with any third party's use and enjoyment of the Website;
  15. Attempt to gain unauthorized access to the Website, accounts, computer systems, or networks connected to any Yummyflowerz server through hacking, password mining, or any other means;
  16. Sublicense any license granted in or to materials on the Website under these Terms (whether or not any of such acts are for commercial gain or advantage); or
  17. Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website unless specifically authorized by the owner of the software.

YOUR ACCOUNT - USER AND CORPORATE ACCOUNTS

You may create an account for your personal use (" User Account ") or for your organization's use (" Corporate Account "). Creating a User Account or Corporate Account (collectively, the "Accounts") entitles you receive some great benefits, including to receive notice of special offers, to maintain an address book for recipients of Yummyflowerz bouquets, to set reminders for birthdays or special occasions, or to view your order history. To obtain an Account, you will be required to submit an online or other registration form, which may ask for, without limitation, your name, address, email address, age and gender. You will also be required to choose a username and password or access code (collectively, the " Password ").

 

You agree to:

  1. provide current, complete, true and accurate information;
  2. maintain and update your information as required to keep it current, complete and accurate; and/or
  3. provide additional information about yourself and/or your organization as may be requested Yummyflowerz from time to time.

Please note that Yummyflowerz may use such information in accordance with its Privacy Policy. Yummyflowerz shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Website(s) at any time for any reason. Yummyflowerz reserves the right to require you to periodically change your Password.

If you create an Account, you agree:

  1. That you are and shall be responsible for maintaining the confidentiality and security of your Account and Password, and for restricting access to your computer and your Password;
  2. Not to transfer, lease, assign, or sublicense any Password without Yummyflowerz ' prior written consent;
  3. Not to circumvent the password restrictions on the Website, nor allow others to do so on your behalf;
  4. Not to use anyone else's Password; and
  5. To notify Yummyflowerz immediately upon discovery or suspicion of compromise of the confidentiality of any Password.

You acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Account or Password. You further agree that Yummyflowerz shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Account or Password by you or anyone other than Yummyflowerz.

INFRINGEMENT

If you believe that any third party has violated this Agreement or infringed any of Yummyflowerz rights in this Website or the materials contained on this Website, please contact us at: [This email address is being protected from spambots. You need JavaScript enabled to view it. ]

USE OF WEBSITE

If you are under 18 or under the legal age to enter into enforceable contracts in the jurisdiction from which you are accessing this Website, you may use the Website only with consent of a parent or guardian.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Users may post or communicate reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on or through a Website (collectively, the " Submission "). You agree not to post e-mails or submit to or publish through the Websites or otherwise make available on the Websites any content (including any Submission), or act in a way, which in our opinion:

 
  1. is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, pornographic, racist, abusive, harassing, threatening, offensive or otherwise injurious to third parties or objectionable;
  2. includes programs which contain or consist of software viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  3. amounts to political campaigning, commercial solicitation, "pyramid" or similar scheme; chain letters, mass mailings, or any form of "spam;"
  4. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  5. infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  6. violates any law or the Terms, or may be considered to violate any law or the Terms;
  7. you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
  8. advocates or promotes illegal activity;
  9. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  10. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Websites;
  11. solicits funds, advertisers or sponsors;
  12. involves spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Yummyflowerz personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, forging any TCP/IP packet header or any part of the header information in any e-mail or other posting, using a false e-mail address, or impersonating any person or entity;
  13. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Websites;
  14. copies any other pages or images on the Websites except with appropriate authority;
  15. includes MP3, audio, or other media format files;
  16. amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites;
  17. disobeys any policy or regulations established from time to time regarding use of the Websites or any networks connected to the Websites;
  18. contains links to other sites that contain the kind of content, which falls within the descriptions set out at in (a) to (q) above.

Yummyflowerz reserves the right (but not the obligation) to review, remove or edit such content or any Submission which Yummyflowerz in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate. However, you acknowledge and agree that we do not regularly review posted Submissions or other content and that we are not under any obligation to control or monitor any Submissions published by you or any other Website users. Yummyflowerz takes no responsibility and assumes no liability for any Submission made or content posted by you or any third party.

If you do post or make a Submission you agree that it will forever be the property of Yummyflowerz and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. Yummyflowerz will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Yummyflowerz operations. Without limitation, Yummyflowerz will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You hereby grant Yummyflowerz, its affiliates and franchisees the right to use the name that you submit in connection with such Submission. You represent and warrant that you own or otherwise control all of the rights to the Submission.

EMAIL AND OTHER COMMUNICATIONS

In connection with your use of this Website, you consent to Yummyflowerz recording any communication, electronic or otherwise, between you and Yummyflowerz and retaining any Submission you make while using the Website. Please do not send any time-sensitive Submission or other communications by e-mail to Yummyflowerz as we cannot be responsible for responding to any such communications.

INDEMNIFICATION

You agree to indemnify and hold harmless Yummyflowerz, its affiliates and subsidiaries, and all of their managers, members, directors, officers, agents, employees, suppliers, vendors, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, whether in tort, in contract or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of the Agreement or use of this Website.

LINKS

You expressly acknowledge that this Website may contain links to other websites not controlled, operated or owned by Yummyflowerz. Unless otherwise expressly provided by Yummyflowerz, Yummyflowerz provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such websites, and explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked website. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.

DISCLAIMER OF WARRANTIES

THIS WEBSITE, THE INFORMATION AND MATERIALS CONTAINED ARE PROVIDED BY YUMMYFLOWERZ AND/OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YUMMYFLOWERZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YUMMYFLOWERZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THIS WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. YUMMYFLOWERZ DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM YUMMYFLOWERZ; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. YUMMYFLOWERZ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YUMMYFLOWERZ MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.

LIMITATION OF LIABILITY

YUMMYFLOWERZ, ITS AFFILIATES AND SUBSIDIARIES, AND ANY OF THEIR MANAGER, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE WEBSITE, OR WITH ALL OR ANY OF THE TERMS, PRIVACY POLICY AND/OR ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED TWO HUNDRED UNITED STATES DOLLARS ($200.00). SOME JURISDICTIONS MAY NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, IN WHICH CASE THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS ON DIRECT AND INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARE INDEPENDENT OF ONE ANOTHER AND ANY OTHER LIMITATIONS SET FORTH IN THIS AGREEMENT.

TERMINATION

Yummyflowerz reserves the right, in its sole discretion, to terminate or suspend any Password, Account, access, or ability to use the Website at any time without notice. Upon such termination, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately (a) discontinue use of the applicable Website(s) and (b) discontinue use of and destroy or return to Yummyflowerz any Yummyflowerz materials. Notwithstanding the foregoing, any provisions of these Terms, the Privacy Policy and the Additional Terms expressly identified or that would by their nature survive such termination shall so survive.

INVESTIGATIONS

Yummyflowerz may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. Yummyflowerz may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If Yummyflowerz believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and Passwords, terminate accounts or take other corrective action it deems appropriate. Yummyflowerz will fully cooperate with any law enforcement authorities or court order requesting or directing Yummyflowerz to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS YUMMYFLOWERZ FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY YUMMYFLOWERZ DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER YUMMYFLOWERZ OR LAW ENFORCEMENT AUTHORITIES.

INJUNCTIVE RELIEF

You acknowledge and agree that any violation of the Terms, the Privacy Policy and/or the Additional Terms relating to the disclosure, use, copying, distribution, display or publishing of the information and/or materials on the Website and use of the Website may result in irreparable injury and damage to Yummyflowerz that may not be adequately compensable in money damages, and for which Yummyflowerz will have no adequate remedy at law. You, therefore, consent and agree that Yummyflowerz may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with the Terms, the Privacy Policy and the Additional Terms. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.

AMENDMENT

We reserve the right to make changes, modifications, amendments, and/or updates to our Websites and these Terms at any time with or without prior notice and for any reason. Changes to these Terms shall be effective when posted. You are responsible for reviewing these Terms, the Privacy Policy and the Additional Terms each time you use or access the Website. You agree that continued use of the Website is an acknowledgment and consent to any and all terms and conditions contained in the Terms, the Privacy Policy and the Additional Terms, as each may be amended from time to time by Yummyflowerz.

WAIVER

Our failure to exercise or enforce any right or provision of these Terms, the Privacy Policy and/or the Additional Terms shall not constitute a waiver of such right or provision.

SEVERABILITY

If any provision of these Terms, the Privacy Policy and/or the Additional Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.