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Terms & Conditions |
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Ohana Terms and Conditions for Orders
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Please read these Terms & conditions carefully as they contain important information
about your rights & obligations in relation to use of this web site and buying
products and services from us. These terms and conditions (the "Terms and Conditions")
are the terms and conditions upon which Ohana makes this website (the "Ohana Site")
available to you and any of our services which are accessible on or via the Ohana
Site.
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By accessing, browsing or using this website, you agree to be bound by the terms,
conditions and disclaimers herein as amended from time to time. If you do not wish
to agree to these terms and conditions, then, you may not use this web site.
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By purchasing an item advertised on this website and/or by completing the registration
process to become a subscriber ("a Subscriber"), you agree to be bound by these
Terms and Conditions. Ohana may amend these Terms and Conditions from time to time
and any amendment will become effective immediately. You understand that Ohana has
the sole and exclusive right to make changes with regard to these Conditions from
time to time, and your continued use of the Website (or any part of) following such
change shall be deemed to be your acceptance of such change. It is your responsibility
to check regularly to determine whether the Conditions have been changed. If you
do not agree to any change made to the Conditions then you must immediately stop
using the Website. Your continued use of this website after amendment constitutes
an agreement to abide by and be bound by those Terms and Conditions, as amended.
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1. General terms |
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1.1 The list of Ohana Products as depicted on this website (which
may be varied from time to time) are available primarily in Bangalore, India as
listed on this web site. In case the order for Ohana Products is placed using this
site for any of the cities/ towns/ or other places where if the products are not
available, your order will be rejected and the said fact shall be intimated to you
with in 72 hours from the time of your order through email.
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1.2 This web site is not offering to sell any products, rather
inviting you to place the orders. The contents of this web site should be construed
to be an invitation for offer. If you wish to purchase the items you should place
an order and Ohana is entitled to refuse any order placed by you. If your order
is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”)
to the email address provided by you. The order will then be fulfilled by the date
set out in the Confirmation or, if the Confirmation does not contain such a date,
within 30 days.
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1.3 We take all our endeavors to deliver the exact products ordered
by you; however, we wish to make it clear that Products are subject to availability.
In the event of non availability, we reserve the right to substitute an Ohana Product
of equivalent value and quality without notice. Substitutions may be necessary to
ensure that your request for specialty gift is delivered in a timely manner. The
best care and attention is given to your order to ensure that it is as similar as
possible to the requested item. Specialty gifts may be substituted with another
specialty gift of equal or greater value and of similar theme and category.
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1.4 In the event, that we are unable to supply the Ohana Product
or any substitute product to you at all, we shall notify you as soon as it is reasonably
possible and shall reimburse your payment in full, in any event, not later than
30 days after the intended delivery date.
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1.5 To ensure longer life, certain Ohana Products may be delivered
to you in bud form.
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1.6 Some Ohana Products, Flowers and Plants may be harmful or poisonous
or cause allergies. If you require further information before submitting an order,
please contact the Ohana Customer Service Team using the contact details.
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1.7 We shall not sell our products in association with any prohibited
or regulated item.
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1.8 We require minimum of 24 hours to service your request.
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1.9 In arrangements of assorted flowers, the colors shown online
will be used depending on availability and seasonal factors. In case of non availability
of flowers or in case of seasonal flowers, arrangement of flowers shall be done
by substituting other kinds of flowers of equal or greater value. If the floral
container shown online is not available, a similar container will be used.
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1.10 Ohana makes no warranties, express or implied, with regard
to making the Product available in any particular jurisdiction outside the Republic
of India. Accordingly, if supply to you or your jurisdiction (by reason of foreign
exchange import export laws or nationality, residence or otherwise) is prohibited,
we wish to state that the Product is not offered for sale to you. You accept that
if you are resident outside the Republic of India, you must satisfy yourself that
you are lawfully able to purchase the Product from Ohana in India. Ohana accepts
no liability, to the extent permitted by applicable law, for any costs, losses or
damages resulting from or related to the purchase or attempted purchase of the Product.
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2. Ordering Process
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2.1 You may follow the instructions in the Order Form and you may have to provide
all your personal details, and PIN code, other relevant details and details of the
intended recipient and all necessary payment details. We accept payment by the major
credits listed on the web site and any other credit and/or debit cards as we may
specify from time to time. By clicking on the ‘Make Payments’ button on the Order
Form, you are consenting to be bound by our terms and conditions contained in these
Terms and Conditions and appearing anywhere on the Ohana site.
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2.2 We cannot accept Orders from customers under the age of eighteen (18) years.
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2.3 You may not ask us to send materials to person, who is unwilling to receive
gifts or flowers from you. Ohana shall not be responsible if the recipient declines
to receive the same. You shall be solely responsible for any actions that the recipient
may initiate due to said action, for disturbance, nuisance, negligence, defamation
or other civil or criminal liabilities. You shall indemnify Ohana for all claims
and actions both civil and criminal initiated by any third party at the instance
of sending the flowers to any third party recipient with out their consent or desire.
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2.4 The price of various flowers and other Ohana products, and the procedures for
ordering, payment and delivery are displayed on this web site. You must pay by credit
or debit card at the time of order. The price of the Product is the price in force
at the date and time of your order. We may change the price of the Product before
you place an order. We try to ensure that the price displayed on this web site is
accurate but the price on your order will need to be validated by us as part of
the acceptance procedure mentioned above. We will inform you if the Product's correct
price is higher than that stated in your order and you may cancel the order and
decide whether or not to order the Product at the correct price. Full and complete
payments, including shipping fees are required to start servicing your order.
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3. Your Obligations |
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3.1 You are not allowed to and you agree not to use Ohana web site (or any part
of) for any illegal purpose. Any attempt by you to upload or transmit through our
website any computer viruses, macro viruses, trojan horses, worms or anything else
designed to interfere with, interrupt or disrupt the normal operating procedures
of a computer is an offence punishable under law. You may not send/ upload or make
available any material which is defamatory, offensive, or obscene, or that may cause
annoyance, or inconvenience. The contents of this web site are copyright of Ohana
or of the respective owners as mentioned otherwise. The brand names including other
trade impressions are the intellectual property of Ohana. You may not use the web
site in any manner which violates or infringes the intellectual property rights
of Ohana or of any other person, firm or company.
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4. Security |
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4.1 Ohana has provided utmost security to the contents of the transactions and secured
financial transactions contemplated through this web site. The security, accuracy
and efficiency of the financial transactions are depending on the payment gateways.
You may personally verify and get satisfied with the payment gateway chosen by Ohana.
Ohana shall not be responsible for any omissions, failures, default or negligence
in this regard.
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4.2 You are solely responsible in all respects for all use of and for protecting
the confidentiality of any user name and password that may be given to you or selected
by you for use on this web site. You may not share these with or transfer them to
any third parties. You must notify Ohana immediately of any unauthorised use of
them or any other breach of security regarding this web site that comes to your
attention. Ohana declines to give any warranties, assurances on the performance
of the web site and the transactions herein.
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4.3 Ohana is entitled to refuse the any order placed without specifying any reasons
at its sole discretion.
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5. Warranty And Disclaimer |
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You acknowledge that the information on the Website is provided "AS IS" for general
information only. Ohana does not make and hereby disclaims any warranties or representations,
express or implied, of any kind regarding this website or the information in it,
including but not limited to any warranty of accuracy, continued availability, completeness,
currency, reliability, merchantability or fitness for a particular purpose, any
implied warranty arising from course of dealing or course of performance, or any
warranty that these pages, or the server that makes them available, are free of
viruses or other harmful elements. The Ohana reserves the right to change or discontinue
at any time any aspect or feature of this Website. Ohana assumes no responsibility
for errors or omissions in the information, documents, software, materials and/or
services which are referenced by or linked to this site. References to other corporations,
their services and products, are provided "as is" without warranty of any kind,
either express or implied. In no event shall Ohana or its suppliers be liable to
you or any third party for any special, punitive, incidental, indirect or consequential
damages of any kind, or any damages whatsoever, including, without limitation, those
resulting from loss of use, data or profits, whether or not Ohana has been advised
of the possibility of such damages, and on any theory of liability, arising out
of or in connection with the use of this site or of any web site referenced or linked
to from this site. The use of the services or the downloading or other acquisition
of any materials through the site is done at your own discretion and risk and with
your agreement that you will be solely responsible for any damage to your computer
system or loss of data that results from such activities. No advice or information,
whether oral or written, obtained by you from Ohana or through or from the site
shall create any warranty not expressly stated in the terms of use.
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6. Liability |
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In no event shall Ohana, its licensors, its suppliers or any third parties mentioned
on the website be liable for any damages (including, without limitation, incidental
and consequential damages, personal injury/wrongful death lost profits, or damages
resulting from the delay, failure, interruption, or corruption of any data or business
interruption) resulting from your use or inability to use the website or the content
whether or not the Ohana is advised of the possibility of such damages. You acknowledge
that in connection with the Website, information will be transmitted over local
exchange, inter-exchange and Internet backbone carrier lines and through routers,
switches and other devices owned, maintained and serviced by third party local exchange
and long distance carriers, utilities, Internet service providers and others, all
of which are beyond the control and jurisdiction of Ohana and its suppliers. Accordingly,
Ohana assumes no liability for or relating to the delay, failure, interruption or
corruption of any data or other information transmitted in connection with use of
the Website. Any claims arising in connection with your use of this Website or any
Content must be brought within one (1) year of the date of the event giving rise
to such action. Your remedies are limited to those expressly provided for in these
Terms and Conditions.
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7. Non Disclosure Or Confidentiality |
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You are solely responsible in all respects for all use of and for protecting the
confidentiality of any user name and password that may be given to you or selected
by you for use on this web site. You may not share these with or transfer them to
any third parties. You must notify us immediately of any unauthorised use of them
or any other breach of security regarding this web site that comes to your attention.
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8. Privacy |
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We respect your personal information and undertake to comply with applicable Data
Protection legislation and the privacy laws as applicable. At the same time, we
shall be disclosing all available information as required by them if any investigating
agencies including any regulatory or government authority investigating any suspected
illegal activities, or upon receipt of a court order, requestor or direct us to
provide your Personal Information and/or information concerning your activities
whilst using the Website.
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9. Fraud |
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Any party engaged in illegal activities involving the use of this website will be
subject to civil and criminal sanctions and prosecution. Ohana does not guarantee
that it will be able to prevent any illegal or inappropriate use of this website,
nor that it will give notice of any illegal or inappropriate use of this website.
It is an illegal violation to place orders under a false name, with a fraudulently
obtained credit card/ debit card or without the consent of the cardholder. You may
take utmost care to preserve your credit/ debit card details to avoid such instances.
It shall be your responsibility to take appropriate legal actions against all such
fraudulent activities. You agree to defend, indemnify and hold Ohana, its affiliates,
officers, suppliers and employees harmless from any and all claims, liabilities,
settlements, costs expenses and actions both civil and criminal initiated by any
third parties against Ohana including without limitation, reasonable legal and accounting
fees, arising in any way from your illegal and fraudulent use of credit card/ debit
card and/or your illegal activities with regard to the use of this web site.
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10. Intellectual Property And Allied Right To Use |
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You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all material or content supplied as part of the Website shall
remain at all times vested in Ohana or our licensors. You are permitted to use this
material only as expressly authorized by us.
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The contents of our web site are protected by copyright laws and other intellectual
property rights. The owner of these rights is Ohana or its licensors. All product
and company names and logos mentioned in this web site are the trade marks, service
marks or trading names of their respective owners. You may download material from
this web site for the sole purpose of placing an order with Ohana or using this
web site as a shopping resource, However, you may not modify, copy, reproduce, republish,
upload, post, transmit or distribute, by any means or in any manner, any material
or information on or downloaded from this web site including but not limited to
text, graphics, video, messages, code and/or software without our prior written
consent.
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11. Indemnification |
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You agree to defend, indemnify and hold Ohana, its affiliates, officers, suppliers
and employees harmless from any and all claims, liabilities, settlements, costs
and expenses relating thereto, including without limitation, reasonable legal and
accounting fees, arising in any way from your use of the Website or the Services,
any violation of these Terms and Conditions by you, or any User Content you post
on or through the Website. Ohana shall provide notice to you promptly of such claim
and shall reasonably cooperate with you, at your expense, in your defense of any
such claim.
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12. Forcemajer
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Neither you nor Ohana will be held liable for any failure to perform any obligation
to the other due to causes beyond your or Ohana’s respective reasonable control.
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13. Governing Law |
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By accessing this Website both you and Ohana agree that the statutes and laws of
India without regard to conflicts of laws, principles thereof, will apply to all
matters arising from or relating to use of this Website, and also agree to submit
to the exclusive personal jurisdiction and venue of any Courts in Bangalore, India,
with respect to such matters. Those who choose to access this Website from outside
India do so on their own initiative and are responsible for compliance with local
laws.
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14. Dispute Resolution |
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In case of any conflicts or disputes arising out of this sale or order or purchase,
the same shall tried to be resolved amicably by negotiations by giving 7 days prior
notice to us. If dispute is not resolved by negotiation then the same shall be referred
to arbitration & the venue for arbitrations shall be in Bangalore and the proceedings
of such arbitration shall be governed by the provisions of the Indian Arbitration
and Conciliation Act, 1996 or any modification or re-enactment thereof for the time
being in force. The decision of the arbitrator is binding & final.
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15. Changes To Terms And Conditions |
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Ohana may change these Terms and Conditions from time to time and at any time, [with
or without actual notice to you.] All such changes to these Terms and Conditions
will appear on this page of the Website. By using the Website following any modifications
to these Terms and Conditions, you agree to be bound by any such modifications to
these Terms and Conditions.
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16. Availability of The Web Site |
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We will try to make this web site available but cannot guarantee that this web site
will operate continuously or without interruptions or be error free and can accept
no liability for its unavailability, You must not attempt to interfere with the
proper working of this web site and, in particular, you must not attempt to circumvent
security, tamper with, hack into, or otherwise disrupt any computer system, service,
web site, router or any other internet connected device.
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17. Cancellation Policy
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If you want to cancel your order, you can do so by sending an email mentioned in
the contact details before Ohana has accepted/confirmed your order on the payment
gateway. We are unable to cancel orders that are already accepted on the payment
gateway or are already prepared and/ or with our courier for delivery.
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As each flower is unique, so too, are your special requirements and concerns surrounding
your order. For that, we ask you call phone numbers listed in the “Contact Us” section
of the website in relation to the actual flowers sent or flowers sent or received.
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All refunds for orders placed online are credited back to the original credit card
on which the order was purchased subject to the condition that due time should be
given for refunding.
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18. Miscellaneous |
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These Terms and Conditions constitute the entire agreement between you and Ohana
and govern your use of the Website and the Services. You also may be subject to
additional terms and conditions that may apply when you use third party content
or services. If any provision of these Terms and Conditions is found to be invalid
by any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. The failure of Ohana to exercise or
enforce any right or provision of these Terms and Conditions shall not constitute
a waiver of such right or condition. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to the
Services or these Terms and Conditions must be filed within one year after such
claim or cause of action arose. The section titles of these Terms and Conditions
are merely for convenience and will not have any effect on the substantive meaning
of this Agreement.
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