Brothers (for Floral Mall Gifting).
This site is created and controlled by RK Brothers in NOIDA, India; as such the laws of India shall apply; courts in NOIDA shall have jurisdiction in respect of all the terms, conditions and disclaimers. RK Brothers reserves the right to make changes to the site and the terms, conditions and disclaimers.
notated, supplemented, varied or replaced from time to time." "Floral Mall"/ "Site" means the online shopping platform owned and operated by RK Brothers ("FloralMall.in"), which provides a venue to the users of FloralMall to buy the products listed on FloralMall Gifting. "Vendor"/"Seller" shall mean the person or any legal entity who offers for sale, sells the products on FloralMall Gifting.
"Customer" / "Buyer" shall mean the person or any legal entitywho accepts the offer for sale on FloralMall Gifting by placing an order for and or purchases any products offered for sale on FloralMall Gifting.
"User"/ "You" means and includes you and/or any person or an entity including Vendor/Seller using for accessing the services provided on this Site.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.
Term of Agreement/Service:
This Agreement shall continue to be in full force and effect for so long as you are using the FloralMall Gifting services. RK Brothers provides the online shopping platform wherein the Users can purchase/buy the products listed on FloralMall Gifting (the"Services") pursuant to the terms and conditions set forth below.
Modification of Terms and conditions of Service:
RK Brothers may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using
the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.
To avail of and use the Services you will have to register with FloralMall Gifting. As a part of registration process you agree to provide FloralMall Gifting current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as
required to keep it current, complete and accurate. If you provide any information that is untrue, inaccurate not
current or incomplete or RK Brothers has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete, RK Brothers has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to FloralMall Gifting.
You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of RK Brothers.
You agree and understand that FloralMall Gifting service is advertising supported and you grant RK Brothers the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, you agree and grant RK Brothers the right to use your individual RegistrationData to provide targeting of advertisements and other Serviceoffers. You shall notify [email protected] of any known or suspected
unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure
of your password.
Users consents to receive communications from RK Brothers electronically. RK Brothers will communicate with Users by email or by posting notices on the Site.
Online Shopping Platform :
You agree, understand and acknowledge that FloralMall Gifting is an online shopping platform, a venue enabling the users to buy any product listed on FloralMall Gifting at the price indicated on the terms and conditions indicated therein at any time from any place. You further agree and acknowledge that FloralMall Gifting is not involved in any sale and purchase of goods/products listed on this Site. Floral Mall Shopping is only a facilitator, an
intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. FloralMall Gifting shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.
FloralMall Gifting shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products. FloralMall Gifting does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular
purpose, or legality of the products listed and transacted on Floral Mall Shopping. You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. FloralMall Gifting is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items
vest with FloralMall Gifting nor shall FloralMall Gifting have any obligations or liabilities in respect of such contract. FloralMall Gifting is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts. FloralMall Gifting accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
FloralMall Gifting is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users. All orders shall be pre-approved with an acceptable method of payment as established by FloralMall Gifting which may call for and require additional verification or information. The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
After the receipt of payment from the Buyer, the Vendor shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer. Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
Credit card details
You agree, understand and confirm that the credit card details provided by you for availing of services on FloralMall Gifting will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Floral Mall Shopping. Further the said information will be not be utilized and shared by Floral Mall Shopping with any of the third parties unless required by law, regulation or court order.
You understand, declare and agree that:
FloralMall Gifting shall not and is not required to mediate or resolve any dispute or disagreement between you and the Seller.
You release and indemnify FloralMall Gifting and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, FloralMall Gifting cannot control the information provided by other Users which is made available on the Site
Seller shall be responsible to deliver the items to the Buyer within the time period specified for delivery by the Vendor.
Seller shall be solely responsible for any undelivered or damaged items.
Seller shall be solely responsible to make good the loss or damage or any claim raised by the Buyer in respect of damaged or non-receipt of items.
Seller shall be responsible to deliver the products/items of the same quantity and same qualities as are listed on the FloralMall Gifting and that such products shall correspond with the description of the items listed on FloralMall Gifting. You further agree and acknowledge that RK Brothers shall not be liable if the description of goods supplied by the Seller do not match/correspond with the description provided at the time of placing of order by the Buyer.
Seller shall invoice / bill directly to the Buyer.
Complete product responsibility and liability solely vest with Seller and Seller is responsible to the Buyer for the sale of the Product to Buyer including but not limited to the delivery of the item/product to the Buyer. Neither Customer nor Seller shall raise any claim on Floral Mall Shopping in this regard.Suspension due to non-compliance with Agreement: Notwithstanding other legal remedies that may be available to FloralMall Gifting, Floral Mall Shopping may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the
If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of FloralMall Gifting;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If your actions may cause any harm, damage or loss to the other Users or FloralMall Gifting. Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Floral Mall Site will be
investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
User agrees to defend, indemnify and hold harmless FloralMall Gifting, its employees, directors, officers, agents and their successors and assigns from and against any and all claims,liabilities, damages, losses, costs and expenses, includingattorney's fees, caused by or arising out of claims based upon theuse of User's actions or inactions, including but not limited to anywarranties, representations or undertakings or in relation to the
non-fulfillment of any of its obligations under this Agreement orarising out of the User's infringement of any applicable laws,regulations including but not limited to Intellectual Property Rights,payment of statutory dues and taxes, claim of libel, defamation,violation of rights of privacy or publicity, loss of service by other
subscribers and infringement of intellectual property or otherrights. This clause shall survive the expiry or termination of this Agreement.
Limitation of Liability
RK Brothers HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. Floral Mall EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR
ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR
PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY
RESPONSIBLE FOR USER'S CONDUCT AND THAT RK Brothers RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY,NOTWITHSTANDING PENAL PROVISIONS UNDER THE
INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWSENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITYAUTHORIZED IN THIS REGARD FROM TIME TO TIME. IN NO EVENT SHALL RK Brothers BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGESWHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Floral Mall SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF RK Brothers HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USETHE Floral Mall SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Floral Mall SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Floral Mall SITES/SERVICES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RK Brothers OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. RK Brothers DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES.
THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
The information about the products published on FloralMall Gifting site are provided by RK Brothers on the basis of the information received from the product manufacturers and vendors and are onan "as is where is" basis. RK Brothers makes no representationsor warranties of any kind, express or implied, as to the operation
of the site, the information, content, materials or products,included on this site. To the full extent permissible by applicablelaw, RK Brothers disclaims all warranties, express or implied,including but not limited to, implied warranties of merchantabilityand fitness for a particular purpose. RK Brothers will not be liablefor any damages of any kind arising from the use of this site orany of the products offered, including but not limited to direct,
indirect, incidental, punitive and consequential damages. RKBrothers only facilitates the sale of products between the Vendorand the buyer and does not directly or indirectly sell or retail any
RK BROTHERS EXPRESSLY DISCLAIMS ANY WARRANTIESWHETHER EXPRESS OR IMPLIED ABOUT THE SUITABILITY,RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY,CONITUNITY, PERFORMANCE, LACK OF VIRUSES OROTHER HARMFUL COMPONENTS AND ACCURACY OF THEINFORMATION, SOFTWARE, PRODUCTS, SERVICES ANDRELATED GRAPHICS CONTAINED WITHIN THE Floral Mall SITES/SERVICES FOR ANY PURPOSE. ALL SUCHINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RK Brothers HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
USER SPECIFICALLY AGREES THAT RK Brothers SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN Floral Mall SITE/SERVICE. USERS SPECIFICALLY AGREE THAT Floral Mall IS NOTRESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. USERS SPECIFICALLY AGREE THAT RK Brothers IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN Floral Mall SITE/SERVICE BY ANY THIRD
PARTY. ADVICE RECEIVED VIA THE Floral Mall SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
If any part of this agreement is determined to be invalid orunenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forthabove, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RK Brothers with respect to the Floral Mall sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Floral Mall with
respect to the Floral Mall sites/services. RK Brothers' failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Governing Law and Jurisdiction
This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the Floral Mall sites/services. Use of the Floral Mall sites/services isunauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold RK Brothers, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party
due to or arising out of your use of or conduct on the Floral Mall sites/services.
RK Brothers' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RK Brothers' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Floral Mall sites/services or information provided to or gathered by RK Brothers with