Terms of Service

INTRODUCTION

These terms of service (the “Terms”) cover your use of and access to https://myforestofflowers.com and its associated domains (our “Website”) FOF Franchise Corp. and its related companies (collectively, “we,” “us” or “FOF Franchise Corp.”) operate the Website on behalf of the Forest of Flowers Retail locations throughout Ontario, Canada (“Retailer”). A list of locations and domains is included in Exhibit “A” of this document.

FOF Franchise Corp provides an ecommerce platform that helps Retailers market and sell its products and services online. We provide this ecommerce platform in partnership with Hana Software Inc. and is subject to 3^rd party service and content policies. These can be viewed at https://www.hanafloristpos.com/. To the extent you use the Website to browse, inquire about or purchase products or services listed, the Terms will refer to you as “Customer.”

BINDING AGREEMENT

The Terms form part of a binding contract between you and FOF Franchise Corp. By using or accessing the Sites, you are agreeing to both the Terms of Service and our Privacy Policy https://myforestofflowers.com/Content/Privacy_Policy (collectively, this “Agreement”). 

ELIGIBILITY REQUIREMENTS

Minimum Age

You must be 18 years of age or older to use the Sites. If you are under the age of 18, please discontinue use of the Retailer Site immediately. FOF Franchise Corp reserves the right to ask for proof of age and to withhold or terminate your use of the Retailer Site if you are below the speci?ed age requirement.

Legal Capacity

You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are representing a corporation or other legal business entity, you hereby represent and warrant that such entity is validly formed and existing under the laws of its jurisdiction and that you are duly authorized as its agent to bind it to this Agreement.

PRIVACY

Personal Information

In order to purchase products or services from the Sites, you will be required to upload certain personal information. Such information includes, without limitation: user’s name, home and business addresses, phone number, email address, and credit card/payment account information (collectively “Personal Information”).  Apart from Personal Information, we may also collect other non-personal identifiable information related to your use of the Site as your IP address and the duration of your visit to the Sites. We do our best to handle your personal information in a secure and responsible manner, as detailed in our Privacy Policy https://myforestofflowers.com/Content/Privacy_Policy. By using the Website you agree to the terms specified in our Privacy Policy.

Relationship between FOF Franchise Corp, Retailer and Customer

As between FOF Franchise Corp and retailer, you, as a customer, agree that, with respect to the retailer site and any products or services sold thereon, it is solely retailer’s responsibility to (1) inform you and any other customers of any relevant retailer policies and practices that may impact the processing of your personal information; (2) obtain any rights, permissions or consents from you and any customers that are necessary for the lawful use of your personal information and the sale of products and services on the retailer site; (3) ensure that the transfer and processing of your personal information under this agreement is lawful; and (4) respond to and resolve any dispute with you relating to or based on your personal information, or retailer’s failure to fulfill these obligations. FOF Franchise Corp makes no representations or warranties of any kind, whether express or implied, to you relating to the products and services offered on the retailer site, which are provided to you on an “as is” and “ as available” basis.

CUSTOMER ACCOUNTS

Registration

You may be given the option to register for an account through the Sites (a “Customer Account”). Customer Accounts will be used to help enhance our or Retailer’s ability to provide you with appropriate products and services.

Accuracy of Information

You agree to provide us with accurate, complete and updated information with respect to your Customer Account. We may need to use this information to contact you regarding your purchases or other use of the Sites.

ACCEPTABLE AND PROHIBITED USE

Legal Use

You represent and warrant that your use of the Sites is not contrary to law, including, without limitation, applicable privacy laws, export or import controls and sanctions. You may not use the Sites where prohibited by law.

Interfering with the Sites

You agree not to interfere with or disrupt the Sites or servers, networks or devices connected to the Sites, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You shall not inject content or code or otherwise alter or interfere with the way any of the Sites are rendered or displayed in a user’s browser or device.

Consequences of Prohibited Use

If we conclude, at our sole discretion, that you have misused the Sites, we may take action against your Customer Account. We do our best to ensure fair outcomes, but in all cases, we reserve the right to remove any content or suspend or terminate your Customer Account without liability or notice to you, at any time and for any reason (except where prohibited by applicable law).

You may report violations of these guidelines directly to FOF Franchise Corp by emailing info@shopforestofflowers.com.

THIRD PARTY SERVICES, SITES AND CONTENT

Third Party Services

The Sites are integrated with various third party services and applications (collectively, “Third Party Services”) that may allow you to access their content and products. Examples of Third Party Services include social media platforms, ecommerce, payment processors and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third Party Services, and we are not liable for the actions of any Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We are not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).

Third Party Sites

The Sites may contain links to third party sites. When you access third party sites, you do so at your own risk. We do not control and are not liable for any part of those sites or any actions of such third parties.

Third Party Content

The Sites may contain content: (1) that is offensive or objectionable; (2) that contains errors; (3) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (4) that is harmful to your or others’ computers or networks; (5) that is unlawful or illegal; or (6) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. We do not endorse Customer Content, or represent that we believe such content to be accurate, useful, lawful or non-harmful. We are not a publisher of, and we are not liable for, any Customer Content uploaded, posted, published or otherwise made available via the Sites by you or any other Customer. You are responsible for taking precautions to protect yourself, and your computer or network, from Customer Content accessed via the Sites.

FOF Franchise Corp’s INTELLECTUAL PROPERTY

The Retailer Site

FOF Franchise Corp, Retailer and their licensors own and hereby retain all respective proprietary rights in the Sites. The Sites are protected by copyright, trademark and other laws. This Agreement does not grant you any right, title or interest in the Sites, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Sites. You agree not to change, translate or otherwise create derivative works of the Sites or others’ content.

TERMS OF SALE

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms

Prices posted on the Retailer Site may be different than prices offered by the Retailer at its physical store location. All prices, discounts, and promotions posted on the Sites 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. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Site 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.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (1) the credit card information you supply to us is true, correct and complete, (2) you are duly authorized to use such credit card for the purchase, (3) charges incurred by you will be honoured by your credit card company, and (4) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Shipments and Delivery

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Returns and Refunds

We offer a 100% satisfaction guarantee at all Retail locations.  If you are not satisfied with your purchase, for any reason, we encourage you to contact the retail location that fulfilled your order. The location and contact information can be found on your order confirmation emailed to you at the time of purchase.

ADDITIONAL TERMS

Entire Agreement

This Agreement, which includes the Terms and the Privacy Policy, constitutes the sole and entire agreement between you and FOF Franchise Corp. regarding the Sites and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.

Third Party Rights

This Agreement does not confer any third-party beneficiary rights.

Notices

We may provide any notice to you under these Terms by: (1) sending a message to the email address you provide or (2) by posting to the Sites. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

Modifications

We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights. By continuing to use or access the Sites after any modifications come into effect, you agree to be bound by the modified Agreement, including any price changes. If you disagree with our changes, then you should stop using the Sites.

Exhibit A

Forest of Flower Retail Locations

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