Last updated
October 01,
2022
TABLE OF
CONTENTS
These Terms and Conditions constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and 1350862 BC LTD, doing business as Kako Floral ("Kako Floral",
“we”, “us”, or “our”), concerning your
access to and use of the http://www.kakofloral.com website as well as any other
media form, media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). We are registered in Canada and have our
registered office at __________, Burnaby,
British Columbia V5H4V9. You agree that by
accessing the Site, you have read, understood, and agree to be bound by all of these
Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms and Conditions at any time and
for any reason. We will alert you about any
changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of
each such change. Please ensure that you check the applicable Terms every time you use our
Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
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.
The
Site is intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the
Site.
2. 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 and various other intellectual property rights and
unfair competition laws of the United States, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site “AS IS” for your information
and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
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.
By using the Site, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such
registration information
as
necessary; (3) you have the
legal capacity and you agree to comply with these Terms and Conditions;
(4) you are not a
minor in the jurisdiction in which you reside;
(5) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) 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).
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 a username you select if we
determine, in our sole discretion, that such username is inappropriate,obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
-
Mastercard
-
PayPal
You may be required to purchase or pay a fee to access some of our services.
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. We bill you through an
online billing account for purchases made via the Site. 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 Canadian dollars.
You agree to pay all charges or fees at the prices then in
effect for your purchases, and you authorize us to charge your chosen payment provider for any
such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment. We also reserve
the right to refuse any order placed through the Site.
All purchases are
non-refundable.
You can
cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid
term.
If you are
unsatisfied with our services, please email us at hello@kakofloral.com.
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 compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from
us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
- 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.
- Disparage, tarnish, or otherwise harm, in
our opinion, us and/or the Site.
- Use any information
obtained from the Site in order to harass, abuse, or harm another
person.
- Make improper use of our support services or submit false reports
of abuse or misconduct.
- Use the Site in a manner inconsistent with
any applicable laws or regulations.
- Engage in
unauthorized framing of or linking to the Site.
- 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.
- 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.
- Delete the copyright
or other proprietary rights notice from any
Content.
- Attempt to impersonate another user or person or use the
username of another user.
- Upload or transmit (or attempt to upload orto 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”).
- Interfere with,
disrupt, or create an undue burden on the Site or the networks or services connected to the
Site.
- Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to
you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the
Site.
- Copy or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted
by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the
Site.
- 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, orusing or launching any unauthorized script or other
software.
- Use a buying agent or purchasing agent to make purchases on
the Site.
- 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 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.
- Use the Site to advertise or offer to sell goods and
services.
- Sell or otherwise transfer your
profile.
8.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We 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 in accordance with the Site Privacy Policy.
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.
- You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the
Site and these Terms and
Conditions.
- You have the written
consent, release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner contemplated by the Site and
these Terms and
Conditions.
- 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, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of
people.
- 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 violate any applicable 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.
- Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms and Conditions, or
any applicable law or regulation.
Any use of the Site in violation of the foregoing
violates these Terms and
Conditions and may result in, among other
things, termination or suspension of your rights to use the
Site.
You and the Site agree
that we may access, store, process, and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices (including
settings).
By submitting
suggestions or other feedback regarding the Site, you agree that we can use and share such
feedback for any purpose without compensation to you.
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.
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.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these
Terms and Conditions; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these Terms and Conditions,
including withoutlimitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
Canada.
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These Terms and Conditions shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
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.
14. 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. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in connection
therewith.