Terms and Conditions – Sample Template
In using this website you are deemed to have read and
agreed to the following terms and conditions:
The following terminology applies to these Terms
and Conditions, Privacy Statement and Disclaimer Notice and any or all
Agreements:
"Client", “You” and “Your” refers to
you, the person accessing this website and accepting the Company’s terms and
conditions. "The Company", “Ourselves”, “We” and "Us",
refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client
and ourselves, or either the Client or ourselves. All terms refer to the offer,
acceptance and consideration of payment necessary to undertake the process of
our assistance to the Client in the most appropriate manner, whether by formal
meetings of a fixed duration, or any other means, for the express purpose of
meeting the Client’s needs in respect of provision of the Company’s stated
services/products, in accordance with and subject to, prevailing [Country Law].
Any use of the above terminology or other words in the singular, plural, capitalization
and/or he/she or they, are taken as interchangeable and therefore as referring
to same.
Privacy Statement
We are committed to protecting your privacy.
Authorized employees within the company on a need to know basis only use any
information collected from individual customers. We constantly review our
systems and data to ensure the best possible service to our customers.
Delivery Policy
The
materials on this site are intended for delivery only within Amman, Irbid,
Zarqa, Mafraq, Salt, Jerash. We do not
represent that any item referred to on this Website is appropriate for use or
available in locations outside Amman, Irbid, Zarqa, Mafraq, Salt, Jerash. If
you choose to access this Website from locations outside the regions, you are
responsible for compliance with local laws.
Orders will be delivered anytime between 10am and 9pm
Delivery
delays may occur due to weather conditions, traffic or incorrect delivery
addresses provided by the customer.
In the event that the recipient is not available
at the specified address, the delivery driver will leave the product at the
doorstep with a note.
Substitution
.By placing an order, you are authorizing
flowersnmore.com to make substitutions allowed by stringent guidelines.
Flowersnmore.com will always attempt to fill the order as closely as possible;
however if the container, flowers, or other items that comprise the order are
unavailable then the order will be substituted with content equal to the
original value of the order.
.If an order is filled and it is determined
that inappropriate or unauthorized substitution has occurred, the filling
florist will replace the arrangement at no additional cost. However, we reserve
the right to substitute alternate color on roses; that is, should you place an
order for a particular rose color and it becomes unavailable, we will
substitute an alternate rose color without notification. The placement of your
rose order implicitly authorizes us to change rose color as necessary, without
contacting you. The missing element will be substituted with the next best
option; care is always taken not to alter the look and feel of the composition
Substitution
By placing an order, you are authorizing
flowersnmore.com to make substitutions allowed by stringent guidelines.
Flowersnmore.com will always attempt to fill the order as closely as possible;
however if the container, flowers, or other items that comprise the order are
unavailable then the order will be substituted with content equal to the
original value of the order.
If an order is filled and it is determined that
inappropriate or unauthorized substitution has occurred, the filling florist
will replace the arrangement at no additional cost. However, we reserve the
right to substitute alternate color on roses; that is, should you place an
order for a particular rose color and it becomes unavailable, we will
substitute an alternate rose color without notification. The placement of your
rose order implicitly authorizes us to change rose color as necessary, without
contacting you. The missing element will be substituted with the next best
option; care is always taken not to alter the look and feel of the composition
Confidentiality
Client records are regarded as confidential and
therefore will not be divulged to any third party, other than [our manufacturer/supplier(s)
and] if legally required to do so to the appropriate authorities. Clients have
the right to request sight of, and copies of any and all Client Records we
keep, on the proviso that we are given reasonable notice of such a request.
Clients are requested to retain copies of any literature issued in relation to
the provision of our services. Where appropriate, we shall issue Client’s with
appropriate written information, handouts or copies of records as part of an
agreed contract, for the benefit of both parties. We will not sell, share, or
rent your personal information to any third party or use your e-mail address
for unsolicited mail. Any emails sent by this Company will only be in
connection with the provision of agreed services and products.
Disclaimer Exclusions and Limitations
The information on this web site is provided on
an "as is" basis. To the fullest extent permitted by law, this
Company:
Excludes all representations and warranties
relating to this website and its contents or which is or may be provided by any
affiliates or any other third party, including in relation to any inaccuracies
or commissions in this website and/or the Company’s literature; and excludes
all liability for damages arising out of or in connection with your use of this
website. This includes, without limitation, direct loss, loss of business or
profits (whether or not the loss of such profits was foreseeable, arose in the
normal course of things or you have advised this Company of the possibility of
such potential loss), damage caused to your computer, computer software,
systems and programs and the data thereon or any other direct or indirect,
consequential and incidental damages.
This Company does not however exclude liability for death or personal
injury caused by its negligence. The above exclusions and limitations apply
only to the extent permitted by law. None of your statutory rights as a
consumer are affected.
Cancellation Policy
Cancellation must be notified at least 24 hours in advance. Notification will be accepted, for example, in person, via e-mail, mobile phone “text message” and/or fax, or other means subject to confirmation in writing. We reserve the right to charge a fee of [20%] to cover any subsequent administrative expenses
Money back
If the payment is cash upon receipt, no tax will be imposed on that, but if the payment is made online, a 20% discount will be applied from the order value according to our policy
Termination of Agreements and Refunds Policy
Both the Client and we have the right to
terminate any Services Agreement for any reason, including the ending of
services that are already underway. No refunds shall be offered, where a
Service is deemed to have begun and is, for all intents and purposes, underway.
Any monies that have been paid to us which constitute payment in respect of the
provision of unused Services shall be refunded.
Availability
Unless otherwise stated, the services featured on
this website are only available within the [country], or in relation to
postings from the [country]. All advertising is intended solely for the [country] market. You are solely responsible for evaluating
the fitness for a particular purpose of any downloads, programs and text
available through this site. Redistribution or republication of any part of
this site or its content is prohibited, including such by framing or other
similar or any other means, without the express written consent of the Company.
The Company does not warrant that the service from this site will be
uninterrupted, timely or error free, although it is provided to the best
ability. By using this service you thereby indemnify this Company, its
employees, agents and affiliates against any loss or damage, in whatever
manner, howsoever caused.
Log
Files
We use IP addresses to analyze trends, administer
the site, track user’s movement, and gather broad demographic
Information for aggregate use. IP addresses are
not linked to personally identifiable information. Additionally, for systems
administration, detecting usage patterns and troubleshooting purposes, our web
servers automatically log standard access information including browser type,
access times/open mail, URL requested, and referral URL. This information is
not shared with third parties and is used only within this Company on a
need-to-know basis. Any individually identifiable information related to this
data will never be used in any way different to that stated above without your
explicit permission.
Cookies
Like most interactive web sites this Company’s
website [or ISP] uses cookies to enable us to retrieve user details for each
visit. Cookies are used in some areas of our site to enable the functionality
of this area and ease of use for those people visiting. Some of our affiliate
partners may also use cookies. [If you do not use cookies, delete this clause]
Links to this website
You may not create a link to any page of this
website without our prior written consent. If you do create a link to a page of
this website you do so at your own risk and the exclusions and limitations set
out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s
websites which are linked to from this website. Opinions expressed or material
appearing on such websites is not necessarily shared or endorsed by us and
should not be regarded as the publisher of such opinions or material. Please be
aware that we are not responsible for the privacy practices, or content, of
these sites. We encourage our users to be aware when they leave our site &
to read the privacy statements of these sites. You should evaluate the security
and trustworthiness of any other site connected to this site or accessed
through this site yourself, before disclosing any personal information to them.
This Company will not accept any responsibility for any loss or damage in
whatever manner, howsoever caused, resulting from your disclosure to third
parties of personal information.
Copyright Notice
Copyright and other relevant intellectual
property rights exist on all text relating to the Company’s services and the
Full content of this website.
This Company’s logo is a registered trademark of
this Company in the [country]. The brand names and specific services of this
Company featured on this web site are trademarked [delete this paragraphed
clause if no registered trademark exists].
Communication
We have several different e-mail addresses for
different queries. These, & other contact information, can be found on our {*}
Contact Us
Link on our website or via Company literature or
via the Company’s stated telephone, facsimile or mobile telephone numbers.
[Only need to state this if Limited Company,
otherwise proprietors‟/partners‟ home/trading address must be shown, without
use of the term: registered]
Force Majeure
Neither party shall be liable to the other for
any failure to perform any obligation under any Agreement which is due to an
event beyond the control of such party including but not limited to any Act of
God, terrorism, war, Political insurgence, insurrection, riot, civil unrest,
act of civil or military authority, uprising, earthquake, flood or any other
natural or manmade eventuality outside of our control, which causes the
termination of an agreement or contract entered into, nor which could have been
reasonably foreseen. Any Party affected by such event shall forthwith inform
the other Party of the same and shall use all reasonable endeavors to comply
with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict
performance of any provision of this or any Agreement or the failure of either
Party to exercise any right or remedy to which it, he or they are entitled
hereunder shall not constitute a waiver thereof and shall not cause a
diminution of the obligations under this or any Agreement. No waiver of any of
the provisions of this or any Agreement shall be effective unless it is
expressly stated to be such and signed by both Parties.
General
The laws of [country] govern
these terms and conditions. By accessing this website [and using our
services/buying our products] you consent to these terms and conditions and to
the exclusive jurisdiction of the [country] courts in all disputes arising out
of such access. If any of these terms are deemed invalid or unenforceable for
any reason (including, but not limited to the exclusions and limitations set
out above), then the invalid or unenforceable provision will be severed from
these terms and the remaining terms will continue to apply. Failure of the
Company to enforce any of the provisions set out in these Terms and Conditions
and any Agreement, or failure to exercise any option to terminate, shall not be
construed as waiver of such provisions and shall not affect the validity of
these Terms and Conditions or of any Agreement or any part thereof, or the
right thereafter to enforce each and every provision. These Terms and
Conditions shall not be amended, modified, varied or supplemented except in
writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these
conditions from time to time as it sees fit and your continued use of the site
will signify your acceptance of any adjustment to these terms. If there are any
changes to our privacy policy, we will announce that these changes have been
made on our home page and on other key pages on our site. If there are any
changes in how we use our site customers‟ Personally Identifiable Information,
notification by e-mail or postal mail will be made to those affected by this
change. Any changes to our privacy policy will be posted on our web site [2] days
prior to these changes taking place. You are therefore advised to re-read this
statement on a regular basis
These terms and conditions form part of the
Agreement between the Client and us. You’re accessing of this website and/or
undertaking of a booking or Agreement indicates your understanding, agreement
to and acceptance, of the Disclaimer Notice and the full Terms and Conditions
contained herein. Your statutory Consumer Rights are unaffected.
© Company Name [year] All Rights Reserved