The provisions set out below establish the conditions under which You may reach and make use of the Flower Pay website. We ask that You work through them thoroughly, because Your continued use of the Website signals Your acceptance of everything recorded here.
1. General
1.1This document (the "Terms") sets the rules for the way in which You ("You", "Your" or "User") may engage with https://flower-pay.com (the "Website"), an online property run by Flower Pay Limited, which trades under the name Flower Pay ("Flower Pay", "We", "Us" or "Our").
1.2Before You make any use of the Website, We ask that You go through the whole of these Terms with care. Once accepted, they form a contract between You and Us that is enforceable at law. Should any part of them be unacceptable to You, You are expected to stop using the Website straight away. Whenever You access the Website You are taken to have accepted these Terms in whatever form they then take, and any use You make of Our Services remains additionally subject to whatever separate arrangement has been agreed between You and Us.
1.3Our Privacy Policy is treated as part of these Terms, and by accepting these Terms You are likewise confirming Your agreement to that Policy.
2. Eligibility
2.1Permission to use the Website is extended to You only where each of the following holds true:
2.1.1Your age is 18 years or more;
2.1.2You possess the legal power, standing and competence needed to accept these Terms and to be bound by every one of their conditions;
2.1.3Nothing in the law of the territory where You live, or from which You connect, bars You from accessing the Website.
3. Prohibited activities
3.1You commit to conducting Yourself courteously when using the Website, and in particular You agree that You will refrain from any of the following:
3.1.1Employing the Website to post, send, receive, circulate or otherwise make available:
- (a) anything that infringes upon rights held by another, whether those rights concern intellectual property, personal privacy or any other entitlement;
- (b) anything whose circulation is disallowed because it is menacing, harmful, abusive, slanderous, defamatory, racist or otherwise objectionable;
- (c) anything carrying a virus or comparable code capable of harming the systems belonging to Us or to others, or of obstructing anyone else's ability to use the Website;
- (d) anything that runs contrary to any law;
- (e) anything of a promotional or advertising nature that We have not authorised beforehand in writing;
3.1.2Stripping out or altering any credit lines, legal notices or other ownership markings shown on the Website;
3.1.3Disrupting the way in which other Users are able to enjoy the Website;
3.1.4Carrying out "framing", "mirroring" or any comparable imitation of how the Website looks or works;
3.1.5Reaching or operating the Website by way of bots or any other automated technique;
3.1.6Placing or sending, absent Our clear consent, any component that quietly or actively harvests or relays information, such as web beacons, cookies or devices of a like kind;
3.1.7Breaching any law or regulation that applies, or fostering, assisting or encouraging unlawful conduct of any sort, among them the laundering of money, the funding of terrorism, the circumvention of sanctions, breaches of copyright or trademark, defamation, intrusion into privacy, the theft of identity or the hacking of systems;
3.1.8Tampering in any fashion with the underlying code of the Website, or introducing any program liable to injure Us, the Website or any other party;
3.1.9Taking apart, decompiling or otherwise reverse-engineering any program or technology that powers the Website, or prompting anyone else to carry out any of the acts forbidden by this section.
3.2You accept that, and without limiting any other remedy available to Us, whenever We have reason to believe that the way You are using the Website falls short of these Terms or of any governing law, We may keep Your activity under review, cut off Your access, and pursue whatever further measures We judge suitable in order to safeguard Our own assets and rights or those belonging to others.
4. Intellectual property rights
4.1The Website, together with everything it contains — writing, video, images, logos, any visual presentation of information, layouts, audio, figures, analyses, statistics, trademarks and all other material forming part of it — is safeguarded by intellectual-property rights belonging either to Us or to others.
4.2As between the two of Us, ownership of and every entitlement in the Website stays entirely with Us. The fact that You use the Website hands You none of the intellectual-property rights within it, save for the entitlement to use the Website in the manner these Terms allow.
4.3You must not, and must not permit anyone else to, alter, decompile, take apart, reverse-engineer, copy, hand over, build derivative works from, rent out, sub-license, circulate, reproduce, frame, re-publish, scrape, download, display, transmit, post, lease or sell any portion of the Website's contents, whether wholly or partly, nor put them to any use beyond using the Website as these Terms provide, unless We have expressly consented to it in writing in advance.
5. Limitation of liability
5.1Any use You make of the Website is undertaken entirely at Your own hazard. So far as the law will allow, We turn away every warranty of any kind, whether stated outright or merely implied, that might attach to the Website and to Your use of it, among them implied warranties as to merchantability, title, suitability for a given purpose, non-infringement, usefulness, authority, accuracy, completeness and currency. The Website, along with all the material and features offered on or through it, is supplied strictly on an "as is", "as available" and "with all faults" footing.
5.2Without narrowing the breadth of what is said above, We take on no liability whatsoever for any (a) errors, blunders or inaccuracies in the material carried on the Website; (b) break or halt in the flow of data to or from the Website; or (c) bugs, viruses, Trojan horses or similar items that some other party may pass to or through the Website.
5.3You agree to keep Us free from responsibility for any harm brought about, whether by a direct or an indirect route, to You or to anyone else in connection with the Website, and the responsibility for any choice You reach in reliance on what the Website contains rests with You alone.
5.4Under no circumstances shall We owe You or any other party anything for damages of a direct, indirect, incidental, special, punitive or consequential character, including any profits or data lost, that flow from Your use of the Website or of any other material reached through or taken from it, no matter whether the claim rests on warranty, contract, tort or some other legal footing, and irrespective of whether We had been warned that such damages might arise. Should a court nonetheless hold Us answerable, the total of Our liability will in no case rise above CAD 100. This ceiling is to be given effect to the greatest degree the law of the relevant jurisdiction permits.
5.5We carry no responsibility for any fault or technical breakdown affecting any telephone or network connection, any online computer system, server or provider, or any hardware or software, nor for failures traceable to technical difficulties, to heavy internet traffic (or to the internet being unreachable), or to Your browser or other equipment being incompatible with the Website.
6. Third-party services or content
6.1In the course of using the Website You may come across material or offerings that originate with others, such as advertisements, promotions, embedded material and services supplied from outside.
6.2We neither govern, back, check nor take on any responsibility for such outside material or services, which will not invariably be accurate, lawful, dependable or current.
6.3Without narrowing the breadth of what precedes, it bears stressing that every piece of content and every service coming from others is furnished neither by Flower Pay nor by anyone acting for Us, and We give no assurance or warranty of any sort, express or implied, touching upon their accuracy, lawfulness, fitness, security or availability.
6.4Whenever You reach for or place reliance on any outside content or service, You do so at Your own hazard. We plainly cast off all liability for any loss, damage, unauthorised access, breach of security, malware, financial harm or other injury arising from Your dealings with such outside services or content.
6.5With that in mind, We urge You to check for Yourself any third-party material, to look carefully into any third-party service before engaging with it, and to read through its terms, policies and privacy practices ahead of use. Whatever You decide or do on the strength of such material or service remains Your responsibility and Yours alone.
7. Links
7.1The Website may hold links, material, advertisements, promotions, logos and other items that concern platforms, sites or software run or supplied by others (the "Links"). We urge You to be sure You grasp the risks at stake before You fetch, use, lean upon or buy anything by way of these Links. Such Links are offered purely to make things easier for You, and You recognise and accept that We do not govern, back, check or take on any responsibility for the content, security, policies, practices, products or services put forward by those outside sites.
7.2Placing Links on the Website amounts to no endorsement, authorisation, sponsorship, affiliation or other tie between Us and those sites, platforms, software or the people who run them. We give no assurance or warranty, express or implied, as to the accuracy, lawfulness, dependability or security of any outside content, product or service.
7.3Where You reach or make use of any third-party Links, You do so at Your own hazard. We cast off all liability for any loss, damage, unauthorised access, breach of security, malware or other injury that may befall You because You accessed or relied upon third-party Links.
8. Termination
8.1We keep the entitlement to end, suspend, curtail or restrict the access You have to the Website at any moment, and without warning beforehand, in circumstances where:
- You fall foul of any part of these Terms;
- a law or a regulator obliges Us to do so;
- the Website is withdrawn or reshaped in a substantial way;
- We have grounds to suspect fraud, abuse or unauthorised conduct on Your side; or
- anything You do or fail to do brings about injury or risk to Our business, to fellow Users or to others.
8.2You are free to bring Your own use of the Website to an end at any time simply by giving up all access to it. Even so, any duty or liability that had already fallen upon You before that point will carry on beyond it.
8.3Once termination takes effect, access to the Website will no longer be open to You, and every entitlement these Terms had granted You will be withdrawn at once.
9. Force majeure
9.1We are not to be held answerable for any failure or lateness in meeting Our obligations under these Terms where the cause lies in circumstances outside Our reasonable command, among them:
- disasters of nature (earthquakes, floods, fires, hurricanes and other acts of God);
- warfare, terrorism or civil disorder;
- cyberattacks, hacking, breaches of security or other hostile online conduct;
- breakdowns in internet service, disruption of telecommunications or losses of power;
- steps taken by government, shifts in regulation, embargoes or curbs on trade; and
- epidemics, pandemics or other emergencies affecting public health.
9.2Should an event of force majeure arise and bear upon Our performance, We will let You know as soon as We reasonably can and will make sensible efforts to soften its effect. Nonetheless, We cannot be held answerable for any damage or loss that such events bring about.
10. Miscellaneous
10.1We may, entirely as We see fit, revise, adjust or withdraw any portion of the Website from time to time. We carry no liability for any loss You may sustain on account of such changes, and no claim will lie against Us in that connection.
10.2From time to time and at Our own discretion We may refresh, adjust or rework these Terms. Whenever We do, notice is given to You through the posting of the newest version and the updating of the date shown at the head of this page, with any change taking effect the moment it is published. Keeping an eye on these Terms for later revisions is Your own responsibility. By carrying on with Your access to or use of the Website once any change is in force, You are treated as consenting to the revised Terms. If revised Terms are not acceptable to You, You must give up using the Website at once.
10.3You agree that passing information to or from the Website brings into being between You and Us no relationship other than those laid down in these Terms.
10.4These Terms and the Privacy Policy, as they stand from time to time, are the sole binding understanding between You and Us, and no statement, promise, consent or commitment, be it written or spoken, that is absent from them will hold the parties to anything.
10.5Should We at any point fail to exercise, or be slow to exercise, any right, power or remedy, that alone will not be read as giving it up, and the exercise of one, or of only part, of any such right, power or remedy will neither shut out any other or later exercise of it nor bar the exercise of any further right, power or remedy.
10.6If a court of competent jurisdiction rules that any clause of these Terms cannot be enforced under the governing law, that clause is to be taken out of these Terms, and what remains is to be read as though it had never been there and is to stay enforceable on its own terms; provided always that these Terms are to be construed so as to carry out, as fully as the governing law allows, the sense and purpose of the clause thus removed.
10.7We are at liberty to pass on or make over any and all of Our rights and duties under these Terms to any other party, and the Website may equally be run by others. You, for Your part, may not pass on, make over or pledge in any way at all any of the rights or duties that are Yours under these Terms.
11. Dispute resolution and governing law
11.1Any disagreement growing out of or bound up with these Terms, their validity, their performance or their ending included, is in the first instance to be worked out through good-faith talks between the parties. Where no settlement has been arrived at within 30 days, the parties agree to try to settle the matter through mediation conducted by a recognised mediator or mediation body in British Columbia, Canada.
11.2Where mediation has not brought the matter to a close within 60 days of the day it began, the disagreement is to be handed over for final and binding arbitration, held in keeping with the arbitration rules that apply in British Columbia, Canada.
11.3These Terms take their governing law from the Province of British Columbia and from the federal law of Canada that applies there, with no regard paid to rules on conflict of laws. Should negotiation, mediation and arbitration all fail to settle the matter, the parties agree to place themselves under the sole jurisdiction of the competent courts of British Columbia, Canada, save where the law that applies affords You the entitlement to bring proceedings in another forum.
12. Contact
12.1If anything about these Terms leaves You with a question, You are welcome to write to Us at legal@flower-pay.com, and a member of Our team will get back to You.