Terms of Use
FAQ – TERMS OF USE (Last updated July 2018)
This website and/or its mobile sites and applications (the "Site") are owned and operated by fleurivie.com (the "Company"). These Terms of Use ("Terms of Use") apply to your use of this Site. Any purchase of products or services available on this Site is governed by the Purchase Terms ("Purchase Terms") found on the relevant Company website, which are incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.
Throughout the Site, the terms "we," "us," and "our" refer to the Company. The Company offers this Site—including all information, tools, and services available on this Site—to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.
PLEASE READ THESE TERMS OF USE, AS WELL AS THE PRIVACY NOTICE AND ANY OTHER POLICIES OR AGREEMENTS MENTIONED HEREIN, CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
Data Integrity
You represent that all information, data, and other materials you provide on this Site or to the Company by any other means are true, accurate, current, and complete. You are responsible for updating and correcting the information you have provided on this Site, as applicable. Privacy Notice
A copy of the privacy notice applicable to the collection, use, disclosure, and processing of personal information on this site is available at http://www.fleurivie.com. You consent to the collection, storage, and processing of personal information we obtain about you (whether via this site, email, telephone, or any other means) in accordance with the terms of the privacy notice.
You are responsible for obtaining access to the site, and such access may involve third-party fees (such as internet service provider or airtime charges). Furthermore, you must provide and are responsible for all equipment necessary to access the site. You may not circumvent measures implemented to prevent or restrict access to this site. Any unauthorized access to the Site by you (including any access or use involving, in any way, an account you may establish on the Site or any device you may use to access the Site) will terminate the authorization or license granted to you by the Company.
The Company reserves the right to refuse or cancel any person's registration for this Site, to remove any person from this Site, and to prohibit any person from using this Site for any reason, as well as to limit or terminate your access to or use of the Site at any time and without notice. The Company does not guarantee that your use of the content available on this Site will not infringe upon the rights of third parties not affiliated with the Company. Termination of your access or use shall not waive or otherwise affect any other rights or remedies to which the Company may be entitled at law or in equity. Content You Submit
You acknowledge that you are responsible for any content you submit via the site, including the legality, reliability, appropriateness, originality, and copyright status of such content. You may not upload, distribute, or otherwise publish on this site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially or ethnically offensive, or otherwise objectionable, including, without limitation, any content that encourages conduct that would constitute a criminal offense, violates the rights of any party, gives rise to civil liability, or otherwise violates applicable laws.
You may not use a false email address or other identifying information, impersonate any person or entity, or mislead others as to the origin of any content.
With respect to any content you submit
...post, display, upload, publish, or make available via the Site (with the exception of personal information, which is processed in accordance with the Privacy Notice), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works from, and sublicense all or part of such content, in any media. Such content will not be treated as confidential. You hereby represent, warrant, and agree that: (i) any content you provide does not include anything (including, without limitation, text, images, music, or video) for which you do not have the full right to grant such a license to the Company; and (ii) the Company is free to exercise its rights regarding and/or implement your content if it so chooses, without obtaining authorization or a license from any third party and without reference to you or any other person.
Links
This Site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided for your convenience and as an additional means of accessing the information contained therein. We are not responsible for the content, advertising, products, or other materials available on such sites or resources. The inclusion of links to other sites or resources should not be construed as an endorsement of the content of the linked sites or resources. Different terms and conditions and privacy policies may apply to the use of the linked sites or resources. The Company is not responsible, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with the use of or reliance on such content, products, or services available on or through such linked sites or resources. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, TERMS OF SERVICE, OR TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, GIVES NO WARRANTIES, AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER—INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE COMPANY'S SITES—NOR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOU USE THIS SITE AT YOUR OWN RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE SECURE, THAT THE SITE OR THE SERVER MAKING THE SITE AVAILABLE WILL BE FREE OF VIRUSES, OR THAT THE INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY.
IN SOME JURISDICTIONS, THE LAW MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU
ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnités
Vous indemniserez et dégagerez de toute responsabilité les parties de l'entreprise contre toutes les amendes, pénalités, responsabilités, pertes et autres dommages de quelque nature que ce soit (y compris les honoraires d'avocats et d'experts), encourus par les parties de l'entreprise et ces parties, et défendrez les parties de l'entreprise et ces parties contre toutes les réclamations découlant (1) de votre violation des présentes conditions et de l'utilisation ; (2) de votre violation des conditions d'achat ; (4) d'une fraude que vous commettez, d'une faute intentionnelle ou d'une négligence grave ; ou (5) de votre violation de toute loi applicable ou des droits d'un tiers. Les parties de la société contrôleront la défense de toute réclamation à laquelle cette indemnité peut s'appliquer et, en tout état de cause, vous ne réglerez aucune réclamation sans l'accord écrit préalable des parties de la société.
Communications électroniques
Lorsque vous utilisez le site ou envoyez des courriers électroniques à la société, vous communiquez avec elle par voie électronique. Vous acceptez de recevoir par voie électronique toutes les communications liées à votre utilisation du site. La Société communiquera avec vous par courrier électronique ou en publiant des avis sur ce Site. Vous acceptez que tous les accords, avis, divulgations et autres communications qui vous sont fournis par voie électronique satisfassent à toute exigence légale selon laquelle ces communications doivent être faites par écrit. Tous les avis de la Société destinés à être reçus par un client sont réputés remis et effectifs lorsqu'ils sont envoyés à l'adresse électronique que vous avez fournie sur l'un des sites de la Société.
Publications sur le site
Le site peut permettre aux utilisateurs d'envoyer des messages sur le site. La Société n'est pas tenue d'examiner le contenu (y compris les messages) publié sur le site ou envoyé par l'intermédiaire du site par les utilisateurs et n'assume aucune responsabilité quant à ce contenu. La Société peut, à sa seule discrétion, contrôler, ne pas publier ou supprimer tout contenu de ce type.
Marques et droits d'auteur
Les marques commerciales, logos et marques de service ("marques") affichés sur le site sont la propriété de la société, de ses concédants de licence, de ses fournisseurs de contenu ou d'autres parties. Il est interdit aux utilisateurs ou à toute partie agissant en leur nom d'utiliser les marques à quelque fin que ce soit, y compris, mais sans s'y limiter, en tant que métabalises sur d'autres pages ou sites, sans l'autorisation écrite de la Société ou de la tierce partie propriétaire des marques. Il est interdit d'utiliser des cadres ou d'avoir recours à des techniques ou technologies de cadrage pour enfermer tout contenu inclus dans le site sans l'autorisation écrite expr
...of the Company. Furthermore, you may not use the site's content in meta tags or other "hidden text" techniques or technologies without the Company's express written permission. All content (including software) available on or through the site is protected by copyright, trademark, and other applicable laws.
Intellectual Property Infringement Claims
The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that the Company has adopted and reasonably implemented a policy providing for the termination, in appropriate circumstances, of website users who are repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provide the Company's copyright agent with the following information (to be effective, the notification must be in writing and provided to our copyright agent):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property rights;
a description of the copyrighted work or intellectual property that you claim has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that you claim is infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as a description of where the material you claim is infringing is located on the site;
your address, telephone number, and, if applicable, your email address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.
The Company’s agent for notice of claims of copyright or intellectual property infringement may be contacted as follows:
By email:
service@aiapppd.com
The Company may update this contact information from time to time without notice to you. We will post the current contact information on this site.
Survival of terms after agreement termination
Notwithstanding any other provision of these Terms of Use or any general legal principle to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party shall survive the expiration or termination of these Terms of Use.
Force majeure
The Company is excused from performing under these Terms of Use or the Terms of Purchase to the extent it is prevented or delayed, in whole or in part, by an event or series of events caused by or resulting from (1) weather conditions or other natural elements or acts of God, (2) acts of war, acts of terrorism, insurrections, riots, civil unrest, or rebellions, (3) quarantines or embargoes, (4) strikes, or (5) other causes beyond the Company's reasonable control.
Risk of loss
Items purchased from the site are shipped via a third-party carrier pursuant to a shipment contract. Consequently, the risk of loss and title to these items pass to you upon their delivery to the carrier.
Dispute Resolution
By using the site in any way, you unconditionally agree that: (i) any dispute, controversy, difference, or claim arising out of or relating to this agreement—including its existence, validity, interpretation, performance, breach, or termination, or any dispute regarding non-contractual obligations arising out of or relating to this agreement—shall be submitted to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules in force at the time of submission of the notice of arbitration; (ii) the law governing this arbitration clause is the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"); (iii) the seat of arbitration shall be Hong Kong; (iv) the
the number of arbitrators shall be one, appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration proceedings shall be conducted in English.
General Provisions
If any provision set forth in these Terms of Use or Terms of Purchase is held to be invalid, void, or unenforceable for any reason, the parties agree that the tribunal shall endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these Terms of Use or Terms of Purchase. Section headings are for reference purposes only and do not limit the scope or extent of the section in question. These Terms of Use or Terms of Purchase and the relationship between you and the Company shall be governed by the laws of Hong Kong, to the extent not preempted by or inconsistent with federal laws, without regard to conflict of law principles. For any action not subject to arbitration, we both agree to submit to the personal jurisdiction of a court located in Hong Kong.
The Company's failure to act with respect to a breach of these Terms of Use or Terms of Purchase by you or others does not waive its right to act with respect to subsequent or similar breaches. If the content of this site or your use of it is contrary to the laws of the place where you are located when accessing it, the site is not intended for you, and we ask that you do not use it. You are responsible for informing yourself of the laws applicable in your jurisdiction and for complying with them.
The Company does not guarantee that it will take action against all breaches of these Terms of Use or Terms of Purchase. Except as expressly provided otherwise in these Terms of Use or the Purchase Terms, there are no third-party beneficiaries to these Terms of Use or the Purchase Terms.
Modifications to these Terms of Use
You acknowledge and agree that the Company may, at its sole discretion, modify, add to, or remove any part of these Terms of Use at any time and in any manner by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use in any way. It is your responsibility to periodically check for any changes we make to the Terms of Use. By continuing to use this Site after any changes to the Terms of Use are made, you accept those changes.
Assignment
You may not assign these Terms of Use or the Purchase Terms (or any rights, benefits, or obligations arising hereunder) by operation of law or otherwise without the prior written consent of the Company, which may be withheld at the Company's sole discretion. Any attempted assignment not in accordance with these Terms of Use or the Purchase Terms is null and void. The Company may assign these Terms of Use or the Purchase Terms, in whole or in part, to any third party at its sole discretion.
Entire Agreement and Admissibility
These Terms of Use constitute the entire agreement and understanding between you and the Company regarding their subject matter and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties regarding such subject matter. For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law.
In certain cases, these Terms of Use and a separate document providing additional terms may apply to a service or product offered through this Site ("Additional Terms"). In the event of a conflict between these Terms of Use and any additional terms, the additional terms shall prevail, unless the additional terms expressly state otherwise.
A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to the use of this site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to contact us
If you have any questions or comments regarding these Terms of Use or the Site, please contact the fleurivie.com legal department via email at the following address:: service@aiapppd.com