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 Wayfloral, Inc. Terms of Use

Welcome to the Wayfloral website (“Website”). These Terms of Use (the “Agreement”) govern your use of the Website and any related services provided by Wayfloral, Inc. (“Wayfloral,” “we,” “us,” or “our”). By accessing or using the Website, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use the Website.

  1. Description and Use of the Website

Wayfloral provides an online platform where Visitors can browse and purchase floral products, view public content, and email Wayfloral for customer support and inquiries. Registered Users have additional privileges, including the ability to access exclusive content (if any), manage their personal accounts, post content, sign up for programs and alerts, and actively participate in the Wayfloral community. We reserve the right to accept or reject any registration and to deactivate any account at our sole discretion.

  1. Community Guidelines

Users of the Website are expected to comply with all applicable laws and to use the Website in a lawful manner. You must not upload any content that infringes on intellectual property rights, is defamatory, obscene, or invasive of privacy, or that discloses sensitive information. Furthermore, users are prohibited from engaging in harassment, impersonation of others, interference with the Website, or using automated tools without explicit permission. We encourage users to report any inappropriate content they encounter.

  1. Restrictions

The Website is intended for use by individuals who are 13 years or older. If you are under the age of majority in your jurisdiction, you must review and accept this Agreement with the involvement of a parent or guardian. Wayfloral is not responsible for verifying the age of its users but reserves the right to restrict access based on age.

  1. Account Security

When creating an account with Wayfloral, you agree to provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Should you suspect any unauthorized use of your account, you must notify Wayfloral immediately.

  1. Fees and Payment

All payments for purchases made on the Website are processed through RazorPay, and you must agree to RazorPay’s terms of service. You are required to provide accurate billing information and to keep this information up to date. By providing a payment method, you authorize Wayfloral to charge you for all purchases made through your account. In the event of payment failure, you agree to cover any collection costs incurred by Wayfloral.

  1. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, and images, is the property of Wayfloral or its content suppliers and is protected by copyright and other intellectual property laws. You are prohibited from using the content without express permission from Wayfloral and must retain all copyright notices. Additionally, Wayfloral’s trademarks and trade dress may not be used in connection with any product or service that is not Wayfloral’s without prior written consent.

  1. Registered User Content; Licenses

As a user, you are responsible for any content you upload to the Website. By posting content, you grant Wayfloral a perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content in any media. You represent and warrant that your content does not infringe upon the rights of any third party and that you have the right to grant this license.

  1. Communications with Us

Any communications or materials you send to Wayfloral, including emails, are considered non-confidential and non-proprietary. You agree that Wayfloral is free to use any ideas, concepts, or information contained in your communications for any purpose without compensation to you.

  1. Mobile Messaging Program Terms and Conditions

By opting into Wayfloral’s mobile messaging program, you agree to receive marketing messages from us. You can expect to receive texts related to promotions, updates, and other marketing communications. You can opt-out of receiving these messages at any time by texting specific keywords as instructed in our messages. If your mobile number changes, you must notify Wayfloral to ensure continued compliance with these terms. Prohibited content in messages includes, but is not limited to, inappropriate, offensive, or illegal material.

  1. No Warranties; Limitation of Liability

The Website and its content are provided on an “as is” and “as available” basis without any warranties of any kind. Wayfloral disclaims all warranties, express or implied, including but not limited to warranties of title, merchantability, non-infringement, and fitness for a particular purpose. We are not liable for any indirect, incidental, or consequential damages, lost profits, or data loss arising from your use of the Website. Our liability is limited to the amount you paid, if any, for accessing the Website in the three months prior to the claim. We are not responsible for typographical, technical, or pricing errors on the Website. Product and service availability may vary.

  1. External Sites

The Website may contain links to third-party websites for your convenience. These links do not signify that we endorse the third-party sites. We are not responsible for the content or accuracy of these sites. You access linked websites at your own risk and should take precautions to protect your computer from viruses and other harmful elements when downloading files from the internet.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Wayfloral and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Website or your breach of this Agreement. Wayfloral reserves the right to assume control of the defense of any claim for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

  1. Compliance with Applicable Laws

The Website is operated from India and is intended for users in India. Wayfloral makes no representation that materials on the Website are appropriate or available for use in other locations. Users accessing the Website from outside India are responsible for complying with local laws.

  1. Termination of the Agreement

Wayfloral reserves the right to terminate or restrict your access to the Website at any time, without notice or liability, if we believe you have violated any term of this Agreement. Additionally, we may change, suspend, or discontinue any part of the Website at any time without prior notice or liability.

  1. Digital Millennium Copyright Act (DMCA)

Wayfloral respects the intellectual property rights of others and complies with the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent, Pruthvi Bhojani, at pruthvi@wayfloral.com or 921/922 RK World Tower, 150 Ft Ring Road, Rajkot 360006. Your notice must include a description of the work, the location of the infringement, your contact information, a good faith statement, an accuracy statement under penalty of perjury, and your signature.

  1. Controlling Law

This Agreement is governed by the laws of India, excluding its conflicts of law principles. Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts, tribunals, and fora in Rajkot, Gujarat.

  1. Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, either party may elect to resolve the dispute by binding arbitration governed by the Federal Arbitration Act. Any election to arbitrate shall be final and binding on the other party. If either party chooses arbitration, neither party shall have the right to litigate such claim in court or to have a jury trial, except that either party may bring its claim in its local small claims court if permitted by that court’s rules. Arbitration is different from court, and discovery and appeal rights may be limited. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or Streamlined Arbitration Rules and Procedures. Each party will be responsible for paying its share of any JAMS fees. Arbitration may be conducted in person in Rajkot, Gujarat, or via documents, phone, or online. Parties may seek court orders to compel arbitration or enforce arbitration awards.

  1. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between Wayfloral and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures, and there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against Wayfloral only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

  1. Equitable Relief

You acknowledge and agree that any breach or threatened violation of Wayfloral’s intellectual property rights and confidential and proprietary information may cause irreparable harm to Wayfloral, for which monetary damages would be inadequate. Accordingly, in such cases, Wayfloral shall be entitled to seek injunctive or equitable relief in any court of competent jurisdiction to protect its rights and property. This provision does not waive any other remedies available under this Agreement or by law.

  1. Miscellaneous

Certain provisions of this Agreement, such as “Fees and Payment,” “Intellectual Property,” and “Binding Arbitration,” shall survive the termination of this Agreement. Wayfloral’s failure to enforce any provision of this Agreement shall not be