Disclaimer & Privacy Policy
Disclaimer
Guarantee and Disclaimers
Jaipurflorist.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TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS.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.