Terms of service

TERMS OF SERVICE
Type a paragraph
Terms of service
OVERVIEW
Welcome to Maua Florals. The terms “we”, “us” and “our” refer to Maua Florals. Maua Florals
operates this store and website, including all related information, content, features, tools,
products and services in order to provide you, the customer, with a curated shopping
experience (the “Services”). Maua Florals is powered by Shopify, which enables us to provide
the Services to you.The below terms and conditions, together with any policies referenced
herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when
you use the Services.Please read these Terms of Service carefully, as they include important
information about your legal rights and cover areas such as warranty disclaimers and
limitations of liability.By visiting, interacting with or using our Services, you agree to be bound
by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of
Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority
in your state or province of residence, and you have given us your consent to allow any of
your minor dependents to use the Services on devices you own, purchase or manage.To use
the Services, including accessing or browsing our online stores or purchasing any of the
products or services we offer, you may be asked to provide certain information, such as your
email address, billing, payment, and shipping information. You represent and warrant that all
the information you provide in our stores is correct, current and complete and that you have
all rights necessary to provide this information.You are solely responsible for maintaining the
security of your account credentials and for all of your account activity. You may not transfer,
sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and
services in our online stores. However, please note that colors or product appearance may
differ from how they may appear on your screen due to the type of device you use to access
the store and your device settings and configuration. We do not warrant that the appearance
or quality of any products or services purchased by you will meet your expectations or be the
same as depicted or rendered in our online stores. All descriptions of products are subject to
change at any time without notice at our sole discretion. We reserve the right to discontinue
any product at any time and may limit the quantities of any products that we offer to any
person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Maua Florals reserves the
right to accept or decline your order for any reason at its discretion. Your order is not
accepted until Maua Florals confirms acceptance. We must receive and process your
payment before your order is accepted. Please review your order carefully before submitting,
as Maua Florals may be unable to accommodate cancellation requests after an order is
accepted. In the event that we do not accept, make a change to, or cancel an order, we will
attempt to notify you by contacting the email, billing address, and/or phone number provided
at the time the order was made.Your purchases are subject to return or exchange solely in
accordance with our Refund Policy. You represent and warrant that your purchases are for
your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for
a product or service will be the price in effect at the time the order is placed and will be set out
in your order confirmation email. Unless otherwise expressly stated, posted prices do not
include taxes, shipping, handling, customs or import charges. Prices posted in our online
stores may be different from prices offered in physical stores or in online or other stores
operated by third parties. We may offer, from time to time, promotions on the Services that
may affect pricing and that are governed by terms and conditions separate from these Terms.
If there is a conflict between the terms for a promotion and these Terms, the promotion terms
will govern.You agree to provide current, complete and accurate purchase, payment and
account information for all purchases made at our stores. You agree to promptly update your
account and other information, including your email address, credit card numbers and
expiration dates, so that we can complete your transactions and contact you as needed.You
represent and warrant that (i) the credit card information you provide is true, correct, and
complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges
incurred by you will be honored by your credit card company, and (iv) you will pay charges
incurred by you at the posted prices, including shipping and handling charges and all
applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and
arenot guaranteed. We are not responsible for delays caused by shipping carriers, customs
processing, or events outside our control. Once we transfer products to the carrier, title and
risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images,
graphics, product reviews, video, and audio, and the design, selection, and arrangement
thereof, are owned by Maua Florals, its affiliates or licensors and are protected by U.S. and
foreign patent, copyright and other intellectual property laws.These Terms permit you to use
the Services for your personal, non-commercial use only. You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on the Services without our prior written consent. Except
as expressly provided herein, nothing in these Terms grants or shall be construed as granting
a license or other rights to you under any patent, trademark, copyright, or other intellectual
property of Maua Florals, Shopify or any third party. Unauthorized use of the Services may be
a violation of federal and state intellectual property laws. All rights not expressly granted
herein are reserved by Maua Florals.Maua Florals’s names, logos, product and service
names, designs, and slogans are trademarks of Maua Florals or its affiliates or licensors. You
must not use such trademarks without the prior written permission of Maua Florals. Shopify’s
name, logo, product and service names, designs and slogans are trademarks of Shopify. All
other names, logos, product and service names, designs, and slogans on the Services are
the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the
Services, which we neither monitor nor have any control nor input.You acknowledge and
agree that we provide access to such tools “as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional third-party tools.Any use by
you of the optional tools offered through the site is entirely at your own risk and discretion and
you should ensure that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).We may also, in the future, offer new features
through the Services (including the release of new tools and resources). Such new features
shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third
parties (including any embedded third party functionality). We are not responsible for
examining or evaluating the content or accuracy of any third-party materials or websites you
choose to access. If you decide to leave the Services to access these materials or third party
sites, you do so at your own risk.We are not liable for any harm or damages related to your
access of any third-party websites, or your purchase or use of any products, services,
resources, or content on any third-party websites. Please review carefully the third-party's
policies and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party products and
services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY [NOTE TO MERCHANT: This section
accurately characterizes Shopify’s relationship with your store and should not be removed or
modified.]Maua Florals is powered by Shopify, which enables us to provide the Services to
you. However, any sales and purchases you make in our Store are made directly with Maua
Florals. By using the Services, you acknowledge and agree that Shopify is not responsible for
any aspect of any sales between you and Maua Florals, including any injury, damage, or loss
resulting from purchased products and services. You hereby expressly release Shopify and its
affiliates from all claims, damages, and liabilities arising from or related to your purchases and
transactions with Maua Florals.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which
can be viewed here and certain personal information may be subject to Shopify’s Privacy
Policy, which can be viewed . By using the Services, you acknowledge that you have
read these privacy policies.Because the Services are hosted by Shopify, Shopify collects and
processes personal information about your access to and use of the Services in order to
provide and improve the Services for you. Information you submit to the Services will be
transmitted to and shared with Shopify as well as third parties that may be located in other
countries than where you reside, in order to provide services to you. Review our privacy
policy [LINK] for more details on how we, Shopify, and our partners use your personal
information.
here
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback,
reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a
perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish,
distribute anddisplay such Feedback in any medium for any purpose, including for
commercial use. We may, for example, use our rights under this license to operate, provide,
evaluate, enhance, improve and promote the Services and to perform our obligations and
exercise our rights under the Terms of Service.You also represent and warrant that: (i) you
own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or
incentives received in connection with your submission of Feedback; and (iii) your Feedback
will comply with these Terms. We are and shall be under no obligation (1) to maintain your
Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your
Feedback.We may, but have no obligation to, monitor, edit or remove Feedback that we
determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual property
or these Terms of Service.You agree that your Feedback will not violate any right of any thirdparty, including copyright, trademark, privacy, personality or other personal or proprietary
right. You further agree that your Feedback will not contain libelous or otherwise unlawful,
abusive or obscene Feedback, or contain any computer virus or other malware that could in
any way affect the operation of the Services or any related website. You may not use a false
email address, pretend to be someone other than yourself, or otherwise mislead us or thirdparties as to the origin of any Feedback. You are solely responsible for any Feedback you
make and its accuracy. We take no responsibility and assume no liability for any Feedback
posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or cancel orders if any
information is inaccurate at any time without prior notice (including after you have submitted
your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use
the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any
international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to
infringe upon or violate our intellectual property rights or the intellectual property rights of
others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any
of our employees or any other person; (e) to transmit false or misleading information; (f) to
send, knowingly receive, upload, download, use, or re-use any material that does not comply
with thethese Terms; (g) to transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to
impersonate or attempt to impersonate any other person or entity; or (i) to engage in any
other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as
determined by us, may harm Maua Florals, Shopify or users of the Services, or expose them
to liability.In addition, you agree not to: (a) upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the functionality or
operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of
the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm,
pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the
Services or any related website, other websites, or the Internet. We reserve the right to
suspend, disable, or terminate your account at any time, without notice, if we determine that
you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our
sole discretion at any time without notice, and you will remain liable for all amounts due up to
and including the date of termination.The following sections will continue to apply following
any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties,
Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment,
Governing Law, Privacy Policy, and any other provisions that by their nature should survive
termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general
information purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on such materials by
you or any other visitor to the Services, or by anyone who may be informed of any of its
contents.EXCEPT AS EXPRESSLY STATED BY Maua Florals, THE SERVICES AND ALL
PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS
AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NONINFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR
USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED
OR OTHER WARRANTIES SO THE ABOVEDISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Maua Florals, OUR
PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND
ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST
SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES,
WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY
PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED
IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT
NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR
ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maua Florals, Shopify, and our affiliates,
partners, officers, directors, employees, agents, contractors, licensors, and service providers
from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable
to any third party due to or arising out of (1) your breach of these Terms of Service or the
documents they incorporate by reference, (2) your violation of any law or the rights of a third
party, or (3) your access to and use of the Services.We will notify you of any indemnifiable
claim, provided that a failure to promptly notify will not relieve you of your obligations unless
you are materially prejudiced. We may control the defense and settlement of such claim at
your expense, including choice of counsel, but will not settle any claim requiring nonmonetary obligations from you without your consent (not to be unreasonably withheld). You
will cooperate in the defense of indemnified claims, including by providing relevant
documents.
SECTION 18 - SEVERABILITYIn the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision.These Terms of Service and any policies or
operating rules posted by us on this site or in respect to the Service constitutes the entire
agreement and understanding between you and us and governs your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not limited to, any prior versions of
the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not
be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations
under these Terms without our prior written consent, and any such attempt will be null and
void. We may transfer, assign, or delegate these Terms and our rights and obligations without
consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the federal and state or territorial
courts in the jurisdiction where Maua Florals is headquartered. You and Maua Florals consent
to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.We
reserve the right, in our sole discretion, to update, change, or replace any part of these Terms
of Service by posting updates and changes to our website. It is your responsibility to check
our website periodically for changes. We will notify you of any material changes to these
Terms in accordance with applicable law, and such changes will be effective on the date
specified in the notice. Your continued use of or access to the Services following the posting
of any changes to these Terms of Service constitutes acceptance of those changes