1. Introduction
Welcome to Over Flowers ("we," "our," or "us"). We are a flower shop website design business based in the United Kingdom. These Terms and Conditions ("Terms") govern your use of the overflowers.com website ("Website") and all services provided by Over Flowers.
By accessing or using our Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website or use our services.
2. Acceptance of Terms
These Terms constitute a legally binding agreement between you and Over Flowers. By accessing or using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.
If you are using our services on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that entity to these Terms, and that you are agreeing to these Terms on behalf of that entity.
3. Use of the Website
You agree to use the Website only for lawful purposes and in a way that does not infringe upon the rights of others or restrict or inhibit anyone else's use of the Website. Prohibited behavior includes harassing or causing distress to other users, transmitting obscene or offensive content, and disrupting the normal flow of dialogue within the Website.
You are responsible for ensuring that any information, content, or materials you provide on the Website comply with applicable laws and regulations.
We reserve the right to restrict access to certain areas of the Website, or the entire Website, at our discretion.
4. Account Registration
Some parts of our Website may require you to create an account. When you register for an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as necessary
- Keep your password secure and confidential
- Be responsible for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with these Terms.
5. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Over Flowers, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your Web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
If we provide social media features with certain content, you may take such actions as are enabled by such features.
6. User Content and Submissions
Any content, including but not limited to text, images, or feedback that you submit to the Website ("User Content") remains your property. However, by submitting User Content to the Website, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your User Content in any existing or future media.
You represent and warrant that:
- You own or control all rights in and to the User Content you submit
- All User Content you submit is accurate and not misleading
- Your User Content does not violate these Terms, applicable laws, or the rights of any third party
- Your User Content is not defamatory, obscene, offensive, or otherwise objectionable
We have the right to remove any User Content from the Website at our sole discretion, without notice.
7. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Website for any illegal purpose or in violation of any local, national, or international law
- Conducting any systematic or automated data collection activities on or in relation to our Website
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
- Attacking the Website via a denial-of-service attack or a distributed denial-of-service attack
- Introducing any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
- Impersonating or attempting to impersonate Over Flowers, a Over Flowers employee, another user, or any other person or entity
- Engaging in any activity that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website
8. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Over Flowers. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Over Flowers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
9. Disclaimers and Limitation of Liability
9.1 Disclaimer of Warranties
The Website is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Over Flowers disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Website will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
9.2 Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Over Flowers, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Website
- Any conduct or content of any third party on the Website
- Any content obtained from the Website
- Unauthorized access, use, or alteration of your transmissions or content
In any case, our total liability to you for all claims arising from or relating to these Terms or your use of the Website shall be limited to the amount you have paid to us for services in the 12 months preceding the event giving rise to the liability, or £100, whichever is greater.
The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise.
10. Indemnification
You agree to defend, indemnify, and hold harmless Over Flowers, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English.
Notwithstanding the foregoing, you agree that Over Flowers shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
12. Termination
We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website or contact us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
15. Entire Agreement
These Terms constitute the entire agreement between you and Over Flowers regarding our Website and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Website.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Over FlowersEmail: [email protected]
Website: www.overflowers.com