You may use the Service only if you can form a binding contract with Seller, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at email@example.com The Service is not available to any Users previously removed from the Service by Seller. Seller reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void.
You agree not to engage in any of the following prohibited activities in connection with the Service:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
(ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Seller servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, Seller grants the operators of public search engines revocable permission to use spiders to copy materials from flourish.org.in for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(iii) transmitting spam, chain letters, or other unsolicited emails;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
(xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or
(xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Seller, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability
Copyright and Intellectual Property
Flourish owns or has permission to use the intellectual property rights in its Website and its content. These rights are protected around the world. All such rights are reserved.
You are not allowed to use any part of the Website for commercial purposes unless you have our express permission.
All third party designs featured on www.flourish.org.in are copyright and intellectual property of their respective designers and cannot be reproduced or transmitted in any form without the prior written permission of the designers.
You agree not to post User Content that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or
(viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of or possess all rights to all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below.
Seller reserves the right but is not obligated, to reject and/or remove any User Content that Seller believes, in its sole discretion, violates these provisions.
In connection with your User Content, you affirm, represent, and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Seller may exercise the rights to your User Content that are granted to Seller under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Mobile software-specific terms
Our Proprietary Rights
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Seller under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Seller does not waive any rights to use similar or related ideas previously known to Seller, or developed by its employees, or obtained from sources other than you.
Payment Information and Billing
1. Shipping within India is FREE for all orders above Rs. 999 For orders below that, there is a shipping fee of Rs. 100.
2. As each craftsman and artisan's process is unique, shipping times may vary. Look for shipping info on the product page for individual shipping information.
3. Our courier partners will be able to deliver the shipment to you only on business days. If you are unavailable when our courier partner arrives with your delivery, they will make two more delivery attempts. If you’re still unavailable after the third attempt, your order will be returned to us.
4. As soon as your package ships, we will email package tracking information to you.
Returns and Refunds
In case, you wish to return your product: -
1. Flourish returns and exchange policy gives you the option to return or exchange items purchased on Flourish within 10days (Eligible products will be easily visible on our product screens under shipping information).We only ask that you don't use the product and preserve its original condition, tags, and packaging.
2.In the unlikely event that your merchandise arrives damaged, you should email us a photo of the damaged product with the Bar Code within 48 hours of receiving your order. You can mail us at Flourish Support.
3. Not all products are eligible for returns. Please check on the return & shipping info on the product page to understand which products are eligible for returns before purchasing.
4. Once your return has been authorized, we'd be happy to process your refund. The same amount will be credited back to the payment mode that
Cancellation requests will only be accepted strictly within 24 hours of placing the order.
Handling of Information
The seller cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is Seller's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
Identification of the copyrighted work that you claim has been infringed;
Information reasonably sufficient to permit Seller to contact you, such as your address, telephone number, and, e-mail address;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Once proper, bona fide infringement notification is received by the Designated DMCA Agent listed below, it is our policy:
To remove or disable access to the infringing material;
Repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Service.
If the content provider, member, or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated DMCA Agent listed below:
A physical or electronic signature of the content provider, member, or user;
A statement that the content provider, member, or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
Please note that this procedure is exclusively for notifying Seller and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Seller's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
You agree to defend, indemnify and hold harmless Seller and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from
(i) your use of and access to the Service, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement;
(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(iv) your violation of any applicable law, rule or regulation;
(v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or
(vi) any other party's access and use of the Service with your username, password or other appropriate security code.
The service and any product or service you purchase through the service (“product”) are provided on an "As is" and "As available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service and the products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, seller, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or the products will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected, or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the service.
Limitation of Liability
To the maximum extent permitted by applicable law, seller assumes no liability or responsibility for any
(I) Errors, Mistakes, or Inaccuracies of content available on or through the service;
(II) Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
(IV) Any interruption or cessation of transmission to or from the service;
(V) Any interruption or cessation of transmission to or from the service;
(VI) Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
(VII) User content or the defamatory, offensive, or illegal conduct of any third party.
The Service is controlled and operated from its facilities in India. Seller makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations.
This Agreement, together with any amendments and any additional agreements you may enter into with Seller in connection with the Service, shall constitute the entire agreement between you and Seller concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Seller's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Information you provide to us
We may anonymize your Personal Information so that you cannot be individually identified and provide that anonymized information to our partners. For example, we allow advertisers to choose the demographic information of users who will see their advertisements and you agree that we may use any of the information we have collected from you in non-personally identifiable form to allow our advertisers to select the appropriate audience for those advertisements. We might use the fact you have purchased or enquired about a certain brand of apparel, for instance, to show you advertisements for the company that sells that brand, but we will not tell that company who you are.
Information collected automatically
When we collect usage information (such as the numbers and frequency of visitors to the Website and to which pages within the Website), we only use such data in aggregate form, in a manner that assures your anonymity. We may provide this aggregate usage information to our partners; our partners may use such information to understand how often and in what ways people use our Website, so that our partners, too, can endeavor to provide you with an optimal online experience. For example, we may place a cookie on your device that records what products you have viewed on our Website and then provide that information, in non-personally-identifiable form, to a third party website, to allow such website to show you ads for similar products that are available from us or from third parties.
We may also deliver a file to you through the Website (known as a "web beacon") from an advertising network we have contracted with. Web beacons allow advertising networks to provide anonymized, aggregated auditing, research, and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. These beacons may, for example, log that you have viewed a certain product on our Website, and then show you an ad for similar products when you browse to another website. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. Many ad networks participate in the Network Advertising Initiative ("NAI"), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards, and such NAI members may allow you to opt-out of cookies or beacons they deliver. Again, we do not control the policies of any third parties, including advertising networks.
To improve the responsiveness of the Site for our Users, we may use "cookies", or similar electronic tools to collect Information to assign each visitor a unique, random number as a User Identification (User ID) to understand the User's individual interests using the identified computer or device. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer or device. The only personal information a cookie can contain is information you supply. A cookie cannot read data off your hard drive or device. Our advertisers may also assign their own cookies to your browser (if you click on their ads etc.), a process that we do not control. We receive and store certain types of Information whenever you interact with us via Site or Service though your computer/laptop/netbook or mobile/tablet/pad/handheld device etc.
Email and other communications
We may contact you, by email or other means. For example, we may send you promotional offers on behalf of other businesses or communicate with you about your use of the Website. Also, we may receive a confirmation when you open an email from us. If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings accordingly.
Sharing and Use of Your Information
We neither rent nor sell your Personal Information in personally identifiable form to anyone. We share your Personal Information in the personally identifiable form with third parties only as described below:
Affiliated Businesses that we do not control
In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that we deem it related to such transaction or service. One such service may include the ability for you to automatically transmit information from your www.jaypore.com account to an account on a third-party website or service, such as Facebook. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’s or websites’ policies.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we inform you otherwise, our agents do not have any right to use the Personal Information we share with them beyond what we deem necessary to assist us in performing such tasks.
User Profiles and Content
Certain user profile information, including without limitation a user’s username and the image content that such user has uploaded to the website may be displayed to other users to facilitate user interaction within the Website or address your request for our services. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your username may also be displayed to other users if and when you post comments or upload images through the Website and other users can contact you through such comments.
We may choose to buy or sell assets. In these types of transactions, customer information (which may include your Personal Information) is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, Personal Information would be one of the assets transferred to or acquired by a third party.
Protection of Seller and Others:
We may release Personal Information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and/or other agreements; or protect the rights, property, or safety of Seller, our employees, our users, or others. We may exchange information with other companies and organizations (including governmental authorities) for fraud protection and credit risk reduction.
With Your Consent:
Security of Your Personal Information
Your account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password (or other sign-on protections) appropriately and limiting access to your computer or device by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
name and password
shipping and billing information
user profile information and User Content, including images you have uploaded to the site
The information you can view and update may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us at firstname.lastname@example.org
You can always elect not to disclose information to us. However, please keep in mind that we may need some information to allow you to register with us or to take advantage of some or all of our features, and if you choose not to provide that information, your ability to use our Website and services may be limited.
You may be able to add, update, or delete the information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by visiting your account settings. Please note that some information may remain in our private records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information even if you update or delete it, but we will not use that information in a manner that would identify you personally.
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to email@example.com. We will make every effort to resolve your concerns.
Company is not and shall not be a party to or control in any manner any transaction between the Website's Users;
All commercial/contractual terms are offered by and agreed to between the Users and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers;
All discounts, offers (including exchange offers) are by the seller/brand and not by the Company, unless expressly specified. Placement of an order on the Website is an offer to buy the product(s) in the order by the buyer to the seller and it shall not be construed as seller's acceptance of buyer's offer to buy the product(s) ordered.The seller retains the right to cancel any such order placed by the buyer, at its sole discretion and the buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by buyer in case of such cancellation by seller, shall be refunded to the buyer. Further, the seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the seller and may vary from individual to individual;
Company does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website;
Company is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. Company cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers;
Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment on that behalf.
Company does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer;
Save and except in cases where the Company owns the products, at no time shall Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of any dispute between the seller and the buyer. Company is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered