- NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE OUR SERVICES
- ACCOUNT REGISTRATION
- FEES AND PAYMENTS
- INTELLECTUAL PROPERTY
- PROHIBITED USES
- USER CONTENT
- CHILDREN’S INFORMATION
- ACCURACY, COMPLETENESS, & TIMELINESS OF INFORMATION
- NO LIABILITY FOR PRODUCTS
- WARRANTY DISCLAIMER
- GOVERNING LAW
- ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
- NO THIRD-PARTY BENEFICIARIES
- CHANGES TO THESE TERMS & CONDITIONS
- HOW TO CONTACT US
Welcome to Flourish! Flourish Planet Social Benefit Corporation, together with its subsidiaries, affiliates, and related entities (hereinafter referred to as “Flourish,” “us,” “we,” “our,” or “Company”) has created the following Terms & Conditions of Use (“Terms & Conditions”) to apply to you and all users of this website and all digital assets contained or offered therein (collectively, our “Services”).
These Terms & Conditions are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms & Conditions. To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control.
At Flourish, we provide artisan cooperatives and makers with services that help them make products available to you. With this mission in mind, we facilitate the sale of each seller’s products on our Services. While we may provide the forum where you can purchase products from sellers, you understand that we do not manufacture, store, or inspect any of the items we make available for sale via the Services—we simply provide the venue for your purchases.
II. NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE OUR SERVICES
We grant you a limited, revocable, non-exclusive, non-transferable right to review and in some cases print content, from our Services (e.g., our website) for your personal and educational purposes as long as these purposes do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We may terminate or limit your access to our Services for any reason (or no reason) and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without telling you ahead of time, and for any reason, including performing maintenance, repairs, or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
III. ACCOUNT REGISTRATION
You are responsible for maintaining the confidentiality of your login credentials. You are responsible and liable for all uses of the Services and Materials (defined below) through access thereto provided by you, directly or indirectly. You must notify us immediately if you become aware that your Account is being used without authorization.
IV. FEES AND PAYMENTS
V. INTELLECTUAL PROPERTY
All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
VI. PROHIBITED USESA. Legal Uses of the Services.
B. Harm to the Services or our Users.
VII. USER CONTENT
The Services may allow users to leave reviews for products, post photographs of products, or otherwise make information publicly available on the Services (collectively, “User Content”). We reserve the right to pre-screen, edit, limit, or remove any such User Content in our sole discretion, without further notice to you. You are solely responsible for any User Content you submit, link, or post. You hereby grant to us a limited license to collect and store User Content for the purpose of providing the Services. Any information you disclose in public areas of our Services (e.g., in the reviews sections) becomes public information and is immediately accessible to other users, so be careful about what information you reveal in these areas.
You may be exposed to User Content that is inaccurate, incomplete, or unsuitable. We will not be responsible for User Content or accuracy of any information and shall not be responsible for any actions taken or decisions made based on such information. Please let us know immediately if you discover any offensive or otherwise concerning User Content that you may see on our Services to help us maintain a positive experience for all users. We may, in our sole discretion, limit or terminate your use of our Services, remove User Content, and take any other technical and/or legal steps to verify that all users of our Services are acting in the spirit of our Terms of Service. Notwithstanding anything in the foregoing, you understand and agree that we do not monitor User Content and that we assume no liability for any User Content whatsoever, including any User Content which may be reported to us using our online reporting tool.
VIII. CHILDREN’S INFORMATION
We do not target our Services to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any Information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a person under the age of thirteen (13).
IX. ACCURACY, COMPLETENESS, & TIMELINESS OF INFORMATIONA. Errors, Inaccuracies, & Omissions
Our Services may contain textual errors, inaccuracies, or omissions that may relate to our offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.
No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.B. Links to the Services
You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.C. Links on the Services
Our Services might include links to other websites or social media platforms. We are not responsible for reviewing the content or accuracy of any other website and do not warrant and will not be responsible for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions you make on other parties’ websites or other platforms. Please carefully review the other party’s website policies and practices and make sure you understand them before you engage in any transaction. You should direct any claims, complaints, questions, or concerns regarding the other party to that party.
X. NO LIABILITY FOR PRODUCTS
Flourish helps buyers using our Services (“Buyers”) purchase products from producer groups and artisans (“Sellers”). While we may provide a forum where Sellers can list their products and may help facilitate transactions between Buyers and Sellers, you understand that we do not manufacture, store, or inspect any of the items we make available for sale via the Services.
We do not make and hereby expressly disclaim any warranties regarding a product’s quality, legality, or safety. If you have a legal claim related to a purchase, you must bring that claim against the Seller of the product. We will not be responsible for, and you hereby release us from, any claims related to products we make available for sale through the Services, including claims for defective products, Seller misrepresentations, or products causing physical injury.
XI. WARRANTY DISCLAIMER
OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE.
IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS 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, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XII. GOVERNING LAW
The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of New York without reference to any conflict of law rules.
You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
XII. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.A. Arbitration Notice
If you and Flourish are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in New York, New York or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this arbitration clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms & Conditions to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this Section is posted to the website and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.B. CLASS-WIDE ARBITRATION WAIVER:
YOU AND WE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. EXEMPT CLAIMS: You and the Company agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions:
You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision.
You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, by mail to [ ] with a copy to [ ]. Include your name, address, and date in the correspondence. This is the only way you can opt-out.
C. CLASS ACTION WAIVER:
YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT IN THE EVENT OF ANY DISUPTES BETWEEN YOU AND US. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.D. Claims and Disputes Must be Filed Within One (1) Year
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
To the extent that any court or authority find that a provision of these Terms & Conditions is unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, that provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms & Conditions are effective until terminated. We may terminate these Terms & Conditions at any time without notice to you and may deny you access to our Services.
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
XVI. NO THIRD-PARTY BENEFICIARIES
There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all our assets.
XVII. CHANGES TO THESE TERMS & CONDITIONS
We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms & Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes. These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
XVIII. HOW TO CONTACT US
If you have any questions about these Terms & Conditions, please contact us at the following:
Last Updated on 14.11.2022