Disclaimer & Privacy Policy
Disclaimer
Guarantee and DisclaimersJaipurFlorist.com ("Bagiya") GUARANTEES THAT ITS FLOWERS, PLANTS AND PRESERVED ITEMS WILL BE FRESH FOR AT LEAST THREE (3) DAYS AFTER DELIVERY, AND THAT IF THEY ARE NOT, JaipurFlorist.com ("Bagiya")' SOLE MAXIMUM LIABILITY WILL NOT BE MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT FLOWERS, PLANTS OR PRESERVED ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. CLAIMS UNDER THIS GUARANTEE MUST BE BROUGHT WITHIN THREE (3) DAYS AFTER DELIVERY OR JaipurFlorist.com ("Bagiya") SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH FLOWERS, PLANTS AND PRESERVED ITEMS.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS.
EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, OUR SITE AND OUR SITE'S USE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
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Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, JaipurFlorist.com ("Bagiya"), ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
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Applicable Law
You agree that any legal action brought against us shall be governed by the laws of India, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate court of India. We make no representations that the content in our Site is appropriate for access outside the India. Those who choose to access our Site from outside the India do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
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Indemnity
By using our Site, you agree to indemnify and hold JaipurFlorist.com ("Bagiya"), its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site or any content to or of our Site.
Privacy Policy
JaipurFlorist.com ("Bagiya") is committed to protecting our customers'
privacy. We feel it is important that you fully understand the terms and
conditions under which we use the information we gather from you through the use
of our Web site located at URL www.JaipurFlorist.com ("Bagiya") (our "Site").
Please read this Privacy Policy ("Policy") carefully to understand how we will
use and protect your personal information. We will never share your personal
information with anyone except as described in this Policy. Changes to this
Policy will be announced on our Web site at least ten days in advance, so please
check back periodically.
Questions regarding this Policy should be directed to info@JaipurFlorist.com.
This Policy will explain the following regarding use of our Site:
What information do we collect from you?
Where do we collect information from you and how do we use it?
Who is collecting your information?
With whom do we share your information?
How may you update, correct or delete your Personally Identifiable Information?
What are your choices regarding collection, use and distribution of your
information?
What security precautions are in place to protect against the loss, misuse or
alteration of your information?
Cookies/Clear GIFs.
Children, Parental Consent and Privacy.
You should carefully review privacy policies of any third party sites accessible
from our Site.
Contacting us about privacy questions or concerns.
Privacy Policy changes.
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1. What information does JaipurFlorist.com ("Bagiya") collect from you?
In order to better provide you with numerous products and services, our Site
collects two types of information about its visitors: Personally Identifiable
Information and Non-Personally Identifiable Information. Our primary goal in
collecting information from you is to provide you with a smooth, efficient and
customized experience while using our Site.
Personally Identifiable Information: "Personally Identifiable Information"
refers to information that lets us know the specifics of who you are. Personally
Identifiable Information is requested when you register with us, order a product
or service, fill out surveys, correspond with us, or otherwise volunteer
information, for instance, through the use of our Reminder Service. Personally
Identifiable Information might include your name, mailing address, telephone
number, email address and other identification and contact information. If you
are using our Send a Hint Greeting service, we may ask you to provide the name
and email address of a friend or loved one so that we may send them a hint about
an event that could be made more special with the gift of flowers. We may also
collect certain financial information, like your credit card number (or a check
or money order if using such payment method while ordering via mail); whenever
we do so, we will attempt to provide a link to this Policy so that you can
confirm how this information will be used. With this information, we can fill
your service and product orders and better provide you with personalized
services.
Non-Personally Identifiable Information: "Non-Personally Identifiable
Information" refers to information that does not by itself identify a specific
individual. We gather certain information about you based upon where you shop on
our Site in several ways. This information is compiled and analyzed on both a
personal and an aggregated basis. This information may include the Web site's
Uniform Resource Locator ("URL") that you just came from, which URL you next go
to, what browser you are using, and your Internet Protocol ("IP") address. A URL
is the global address of documents and other resources on the World Wide Web. An
IP address is an identifier for a computer or device on a Transmission Control
Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web.
Networks use the TCP/IP protocol to route information based on the IP address of
the destination. In other words, an IP address is a number that is automatically
assigned to your computer whenever you are surfing the Web, allowing Web servers
to locate and identify your computer. Computers require IP addresses in order
for users to communicate on the Internet, browse and shop.
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2. Where do we collect information from you and how do we use it?
Our primary goal in collecting personal information is to provide our visitors
with a superior customized online experience. We use customer contact
information to fill orders, contact prior purchasers to inform them of their
order status, to remind customers of events through our Reminder Service, to
send our customers' friends or loved ones hints to send flowers through our Send
a Hint Greeting service and to send promotional emails.
We may perform statistical analyses of aggregate customer behavior. This allows
us to measure relative customer interest in the various areas of our Site for
product development purposes. Any information we collect is used for our own
internal purposes to improve the content and navigation of our Site, to enhance
users' experiences when visiting our Site, to customize the content and/or
layout of our pages, and to provide the services required by an individual
customer. We also use information to notify consumers about updates to our Site,
to complete user-initiated transactions, to trace false orders and to contact
consumers directly, or through our third party service partners, for marketing
purposes.
We gather information in the following ways:
Shopping: We collect IP addresses for the purposes of system administration, to
gather broad demographic information, and to monitor the level of activity on
our Site. We collect information from visitors to our Site regarding the
referring URL, your IP address, which browser you used to come to the Site, the
country, state and telephone area code where your server is located, and the
pages of our Site that you viewed during your visit.
Ordering: When you order from us, we collect Personally Identifiable Information
from you. If you order one of our products or services, we will collect and
maintain your name, email address, mailing address, telephone number, product
selections, credit card number (or check or money order information if using
such payment methods while ordering via mail), order number, referring URL, IP
address and a password, as well as the recipient's name, address and telephone
number, if different than yours. We collect this, and other information, as
disclosed in this Policy, in order to fill your order, to communicate with you
about your order, or the recipient, as appropriate, and to send you promotional
materials. Before confirming your order, you will have the opportunity to review
the product order form and make changes and additions to the information it
contains and these changes will be automatically kept for future use. If you
cancel an order or do not complete an order we may collect and use your email
address that you have entered as we would collect and use it if you had
completed an order.
Track/Modify Order: If you use our Track/Modify Order service we will gather
your email address and account password, if you have one, in order to locate
your order so that we may give our most recent tracking information, or so that
you may modify the order. If you choose to modify your order, we may collect
information that we would normally collect when you order products, as explained
in the above paragraph.
Corporate Account: When you set up a corporate account with us we collect your
name, company name, email and phone number. Upon signing up for a corporate
account we will contact you by either email or telephone to determine how
JaipurFlorist.com ("Bagiya") can best serve your corporate needs. We will also
give you the opportunity to receive periodic updates regarding JaipurFlorist.com
("Bagiya")' corporate services. If you make purchases through your corporate
account we shall gather similar information that we gather when you order as an
individual, plus certain information regarding your corporation.
Online Surveys and Polling: In order to improve our services to you, we ask some
of our customers to voluntarily complete surveys, which may be collected by an
independent third party. Individual survey answers are confidential, although
Non-Personally Identifiable Information is collected and disclosed to third
parties. If you do not wish to participate in a survey, simply decline to
participate when asked.
Newsletters & Promotional Emails: We may offer free electronic newsletters and
promotional emails as a service to our prior customers. We may send you
newsletters and emails periodically listing current specials and deals ourselves
or through our third party service partners. We never send promotional emails to
you once we have processed your request for us not to do so. This option is
included in every promotional email. There may be opportunities to subscribe to
an email list that will send you information about our Site events, but we will
only add you to the list with your consent. To stop receiving our newsletter,
send an email to us at info@JaipurFlorist.com.
Cookies/Clear GIFs: In conjunction with our third party service partners, we
make limited use of cookies and clear GIFs to gather information when you visit
our Site, make a purchase and when you click-through to our Site from a targeted
email or newsletter. To find out what cookies and clear GIFs are and how they
can be used, click here.
Contact Information and Third Party Data: If you contact us by telephone, email
or letter, we may keep a record of your contact information, correspondence or
comments. If you report a problem with our Site, we may collect such information
in a file specific to you. If you provide us feedback through our Site, by email
or by calling one of our customer service representatives, we may ask for your
name and email address in order to send you a reply. If other users or third
parties send us correspondence about your activities or purchases on our Site,
or if you are the recipient of flowers sent by another customer, we may keep the
information in a file specific to you. Send a Hint Greeting: If you are using
our Send a Hint Greeting service, we may ask you to provide the name and email
address of a friend or loved one so that we may send them a hint about an event
that could be made more special with the gift of flowers. We store this
information for the sole purpose of sending this one-time email. You or the
loved one or friend may contact us at info@JaipurFlorist.com to request the
removal of this information from our database.
Reminder Service: If you choose to use our Reminder Service, we will ask for and
store your email address, as well as your important flower occasions and
holidays and the names of the individuals to whom you may wish to send flowers,
in order to remind you to send flowers.
Affiliate Programs: You may purchase flowers from us through a link on one of
our affiliates' ("Affiliates") Web sites. We pay each Affiliate a commission, or
a portion of the sales made to those who link to our Site from the Affiliate's
site. Some of our Affiliates run a "rewards" or "charity" program (the
"Programs"). Under such Programs, participants receive credits based on the
commissions an Affiliate receives from sites such as ours. Participants in such
programs can donate their credits to a chosen charitable organization, or keep
them for their own use and benefit. If you make a purchase from us and you are a
participant in such Programs, we may share your name, email address and the
value of your purchases.
Registering for an Affiliate Program: Please read the terms of our Affiliate
Program Agreement. A record of any and all information submitted to
JaipurFlorist.com ("Bagiya") as part of an Affiliate Program application shall
be stored by JaipurFlorist.com ("Bagiya") and only disclosed by
JaipurFlorist.com ("Bagiya") in an effort to evaluate such application with
prior consent from you.
We also track customers' traffic patterns throughout their online sessions,
including which pages a customer views while using our Site. We use your IP
address to diagnose problems with our servers and software and to administer our
Site.
We may share aggregated statistics about pages viewed on our Site and sales and
other shopping information with third parties.
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3. Who is collecting your information?
Except as otherwise expressly discussed in this Privacy Policy, only we collect
your information. This document only addresses the use and disclosure of
information we collect from you. We encourage you to ask questions and to be
very cautious before you disclose your Personally Identifiable Information to
others. Our third party advertising service partner may collect information
about you through the use of cookies or clear GIFs when you click on its
advertisements, open promotional emails or newsletters or visit our Site via a
link in a promotional email or newsletter. This information is gathered solely
for JaipurFlorist.com ("Bagiya")' use, however, our third party advertising
service partner may use this information in a non-personally identifiable
aggregated form for its own purposes. You should contact our third party
advertising service partner directly if you have any questions about its use of
the information that it collects. In addition, we currently employ a third party
service partner that tracks the traffic on our Site, however, the only
information gathered is solely Non-Personally Identifiable Information.
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4. With whom do we share your information?
Except as otherwise stated in this Policy, we do not sell, trade or rent your
Personally Identifiable Information collected on our Site to others. The
information collected by our Site is used to process orders, to keep you
informed about your order status, to notify you of products or special offers
that may be of interest to you, and for statistical purposes for improving our
Site. We will disclose your Personally Identifiable Information to third parties
for tracking purposes, to charge your credit card (or process your check or
money order, as appropriate), fill your order, deliver your order and deliver
promotional emails to you from us. These third parties may not use your
Personally Identifiable Information other than to provide the services requested
by JaipurFlorist.com ("Bagiya"). For example, we must release your credit card
number to confirm payment; and release your mailing address information to the
delivery service to deliver products that you ordered. We also share Web site
usage information we gather from visitors to our Site who have received a
targeted promotional campaign with our third party advertising service partner
for the purpose of targeting future campaigns and upgrading visitor information
used in reporting statistics. For this purpose, we and our third party service
partners note some of the pages you visit on our Site through the use of clear
GIFs.
From time to time we may disclose a very limited amount of information (names
and postal addresses) to direct marketing companies for trade or rental
purposes. You may "opt-out," or instruct JaipurFlorist.com ("Bagiya") not to
distribute such information to third parties in the future by sending an email
with such instructions to info@JaipurFlorist.com, however JaipurFlorist.com ("Bagiya")
may not be able to provide you our full range of services if we cannot
distribute certain Personally Identifiable Information.
We may provide aggregated statistics about our customers, sales, traffic
patterns, and related Site information to third parties that do not include
Personally Identifiable Information. Moreover, we may release account
information when we believe that such release is reasonably necessary to enforce
or apply our Terms and Conditions or to protect the rights, property and safety
of our users, others and ourselves.
Recipient Requests: From time to time we are contacted by flower recipients who
ask us who the sender was. If we receive a request from a recipient asking who
sent flowers we will give the name on the gift message accompanying the flowers.
If there is no gift message filled out or if there is no name on the gift
message we may ask the sender via email. If we receive approval to disclose the
sender's name from the sender via email or in writing, we will then inform the
recipient. If the sender does not reply via email or in writing or if the sender
denies permission, then we will not reveal the sender's identity to the
recipient.
Enforcement of Law: From time to time, we may be required by law enforcement or
judicial authorities to provide Personally Identifiable Information to the
appropriate governmental authorities. We will disclose Personally Identifiable
Information upon receipt of a court order or subpoena or to cooperate with a law
enforcement investigation. We fully cooperate with law enforcement agencies in
identifying those who use our services for illegal activities. We reserve the
right to report to law enforcement agencies any activities that we in good faith
believe to be unlawful.
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5. How can you update or correct your Personally Identifiable Information?
During the online ordering process you can review, change or delete the
information that you have submitted. We are updating our Site so that you may
change any of your personal information in your account online at any time. You
may ask us in writing via mail or email at info@JaipurFlorist.com to have the
information on your account deleted, updated or corrected; however, because we
keep track of past purchases, you cannot delete information associated with past
purchases. Note that we may retain changed or deleted information for archival
or other purposes.
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6. What are your choices regarding collection, use and distribution of your
information?
We may from time to time send you email or other communications regarding
current promotions, specials and new additions to our Site. If you have supplied
us with your telephone number(s) you may receive telephone calls from us with
information or requests for information regarding an order you have placed. You
may "opt-out," or unsubscribe from our newsletters and emails by following the
unsubscribe instructions in any email you receive from us or by sending an email
to info@JaipurFlorist.com or by following the instructions provided in each
email to you.
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7. What security precautions are in place to protect against the loss, misuse or
alteration of your information?
We employ industry-recognized information technology to protect the security of
the information you submit to us. The importance of security for all Personally
Identifiable Information associated with our customers is of utmost concern to
us. Our secure servers protect this information using password protection and
advanced encryption, and we may use firewall technology for additional
protection.
In order to most efficiently serve you, credit card transactions and order
fulfillment are handled by established third party banking institutions, process
agents and distribution institutions. They receive the information they need to
verify and authorize your credit card transactions and to ship your order. When
collecting credit card information for online purchases, we offer secured-server
transactions that encrypt your information in transit to thwart someone from
intercepting it and misusing it. When you access your account information, the
information is kept on a secure server. Furthermore, all of the customer data we
collect is protected against unauthorized access by physical security means.
We also encourage our partners and service providers to adopt and follow
stringent consumer privacy policies.
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8. Cookies/Clear GIFs.
Cookies: Like many other commercial sites, our Site utilizes standard
technologies called "cookies" and clear GIFs to collect information about how
our Site is used. A cookie is a small data text file, which a Web site stores on
your computer's hard drive (if your Web browser permits) that can later be
retrieved to identify you to us. Cookies were designed to help a Web site
recognize a user's browser as a previous visitor and thus save and remember any
preferences that may have been set while the user was browsing the site. A
cookie cannot be read by a Web site other than the one that set the cookie.
Cookies can securely store a customer's password, personalize home pages,
identify which parts of a site have been visited or keep track of selections,
such as those selected in a "shopping cart." For instance, cookies allow us to
prepopulate (or fill in) an email field with your email address if you revisit
our Site and place an order. A cookie cannot retrieve any other data from your
hard drive, pass on a computer virus, or capture your email address.
We send a cookie to your hard drive when you make an order to record the product
name, category of product that you ordered, the amount paid, the order number
and any referral codes. No Personally Identifiable Information is recorded. When
you click-through to our Site from a promotional email, our third party
advertising service partner may send a cookie to your hard drive recording your
IP address and other related information.
Clear GIFs: We currently work with third party service partners that employ
clear GIFs (also known as pixel tags, single pixel GIFs, web beacons or action
tags) for our benefit to help us measure advertising effectiveness. Clear GIFs
help us better manage content on our Site by informing us of what content is
effective. Clear GIFs are tiny graphics with a unique identifier, similar in
function to cookies, and are used to track the online movements of our users.
The main difference between the two is that clear GIFs are invisible on the page
and are much smaller, about the size of the period at the end of this sentence.
Clear GIFs are not tied to your Personally Identifiable Information.
Our third party service partners use clear GIFs: (i) in HTML-based emails to let
us know which emails have been opened by recipients; (ii) to record when
products have been ordered from our Site; and (iii) to track the visitor traffic
on our Site. These clear GIFs allow us measure the usage of our Site by our
visitors and the effectiveness of certain communications and marketing
campaigns.
Clear GIFs can "work with" existing cookies on a computer if they are both from
the same Web site or advertising company. That means, for example, that if a
person visited "www.companyX.com", which uses an advertising company's clear
GIF, the Web site would match the clear GIF's identifier and the advertising
company's cookie ID number, to show the past online behavior for that computer.
This collected information can be shared with the advertising company. We do
provide such information to our third party advertising service partner, but
that information can only be used by our partner for JaipurFlorist.com ("Bagiya")'s
benefit.
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9. Children, Parental Consent and Privacy.
The Children's Online Privacy Protection Act took effect on April 21, 2000, and
imposes certain requirements on Web sites directed toward children under 13 that
collect information on those children, or on Web sites that know they are
collecting Personally Identifiable Information on children under the age of 13.
We want to let you know that it currently is our policy not to collect
Personally Identifiable Information on any person under 18. As one measure to
ensure that we do not gather Personally Identifiable Information from children,
we require that all individuals provide a valid credit card number before
completing a purchase order. If we learn that we have inadvertently gathered
Personally Identifiable Information about children under 18, we shall attempt to
notify such child's parent or guardian and erase such information from our
records, unless the child's parent or guardian consents to JaipurFlorist.com ("Bagiya")'
maintaining such information.
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10. You should carefully review privacy policies of any third party sites
accessible from our Site.
Other sites accessible through our Site have their own privacy policies and data
collection, use and disclosure practices. Please consult each site's privacy
policy. We are not responsible for the policies or practices of third parties.
Please be aware that our Site may contain links to other sites on the Internet
that are owned and operated by third parties. The information practices of those
Web sites linked to our Site are not covered by this Policy. These other sites
may send their own cookies or clear GIFs to users, collect data or solicit
Personally Identifiable Information. Additionally, other companies which place
advertising on our Site may collect information about you when you view or click
on their advertising through the use of cookies or clear GIFs. We cannot control
this collection of information. You should contact these advertisers directly if
you have any questions about their use of the information that they collect.
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11. Contacting us about privacy questions or concerns.
If you have any questions about this Policy, the practices of our Site, or your
dealings with our Site, please contact us by sending an email to info@JaipurFlorist.com.
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12. Privacy Policy changes.
This Policy was last changed on June 23, 2006. If we make changes to any terms
or conditions of the Policy, the changes will be posted in this document so that
you will always know what information we gather, how we might use that
information and to whom we will disclose it. Any change, modification, addition
or removal of portions of this Policy will be announced on our Site at least ten
(10) days before it is implemented. Please be sure to check this page before
proceeding to use our Site.