Terms And Conditions

Term Of Use

BLOOM2U FLORAL SDN BHD welcome you to our Web Site located at www.bloom2u.com (BLOOM2U.COM or the "Web Site"). The goal of the Web Site is to provide access to our wide selection of floral, plant, gift basket, home decoration items and gift products and services, as well as, information, ideas and inspiration, to as wide an audience as possible. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you.

THESE TERMS OF USE APPLY TO ALL OUR MERCHANDING CHANNELS INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE AND RETAIL STORES. BY ACCESSING ANY OF THE COMPANY MERCHANDING CHANNELS, AND ANY AREAS OF THE WEB SITE, YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE BY, THESE TERMS OF USE.

Ownership and Trademarks

BLOOM2U.COM and the Web Site are owned by BLOOM2U FLORAL SDN BHD (the "Company"). All product names, products pictures, contents, company names and logos appearing on this Web Site are the property of the company.

Disclaimers and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF BLOOM2U.COM IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, OR CONTENT PROVIDERS ("PROVIDERS") Or SUPPLIERS WARRANT THAT BLOOM2U.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BLOOM2U.COM OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH BLOOM2U.COM; AND IF THEY ARE NOT, THE COMPANY'S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER, OR TO REPLACE AND DELIVER AN EQUIVALENT FLORAL ARRANGEMENT OR AFFECTED FOOD STUFF PRODUCT AS SOON AS REASONABLY PRACTICABLE.

Content

Proprietary Rights

You acknowledge that BLOOM2U.COM contains information, data, software, photographs, graphs, videos, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, download, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

User Submissions

The Company does not claim ownership of any Content you submit or make available for inclusion on the Web Site. However, with respect to all such Content, including, without limitation, creative ideas, suggestions, content, postings, artwork, material or other submissions whether via email, feedback, a public forum or otherwise (collectively, "User Submissions"), you grant the Company, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Submissions in any manner, including on the Web Site or any other web sites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all of the rights to any User Submissions you submit or post on or to the Web Site or otherwise transmit to the Company and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may submit or post and you waive the benefits of any moral rights or any similar laws.

In addition, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public forum, any other portion of the Web Site, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is.

Use of Public Forums

A "public forum" means any publicly accessible message board, chat room, discussion group, folder, survey, contest, user review and rate forum, or other interactive service or promotion on or accessible via the Web Site , and includes both public boards and folders. You must use, subscribe, or register in accordance with instructions that you will find on the Web Site in order to participate or contribute to any public forum. You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person's privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post material that solicits funds, or that advertises or solicits goods or services. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit or post messages regarding stocks or other securities. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component.

BLOOM2U.COM is not responsible for any User Submissions or material appearing in any public forum on the Web Site, except for Content signed by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the rights set forth below in The Company's Rights section.

Distribution/Uploading by Users of Third Party Content

Except as otherwise set forth in these Terms, you agree not to upload to or otherwise distribute on the Web Site any Content created or owned by others which is subject to any copyright or other proprietary rights of any third party. The unauthorized submission or distribution of copyrighted or other proprietary third party Content is illegal and could subject you to criminal prosecution as well as personal liability for damages. You, not the Company, or its Affiliates, or any of their respective officers, directors, agents, employees, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.

The Company's Rights

The Company is not responsible for screening, policing, editing, or monitoring Content (including User Submissions). The Company (or its Affiliates) may elect, but is not obligated, to monitor, electronically or otherwise, areas of the Web Site and may disclose any Content (including User Submissions), records, or electronic communication of any kind and information you provide to the Company or its Affiliates, through the Web Site or otherwise, including all merchandising channels, (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate the Web Site and/or the overall business of the Company and its Affiliates; or (iii) to protect the rights or property of the Company, users of the Web Site, Affiliates, subscribers, customers, recipients, Sponsors, Providers, Licensors, or Merchants. Subject to the "Copyright Agent" provisions above, if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Web Site.

The Company reserves the right to prohibit or remove conduct, communication, or Content (including User Submissions) that it deems in its sole discretion to be harmful to users of the Web Site, subscribers, customers, recipients, Providers, Merchants, Sponsors, or Licensors, content or service providers, the Company or its Affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company, nor its Affiliates, Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither the Company, nor its Affiliates, nor any of their respective officers, directors, employees, agents or employees, nor any Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content (including User Submissions) on the Web Site.

Order Acceptance Policy

All orders received are subject to acceptance by BLOOM2U FLORAL SDN BHD and we reserve the right to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received via the payment method used to place the order.

Online Conduct

Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying the Web Site will not be permitted. You agree to use the Web Site in accordance with these Terms of Use and only for lawful purposes.

You agree that you will not use the Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. The provisions of these Terms of Use are for the benefit of the Company, its Affiliates and the Web Site Providers, Merchants, Sponsors and Licensors, and each shall have the right to assert and enforce such provisions directly against the violator on its own behalf.

Privacy Policy

We recognize and respect the importance of maintaining the privacy of our users, customers and subscribers and have established a privacy policy as a result. In our Privacy Policy, which constitutes part of these Terms of Use, we describe why we gather information from users, customers, and subscribers, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you. We encourage you to carefully read our Privacy Policy.

Promotion Offers

At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before or after the offer end date.

In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall 'prevail'. We are unable to offer special offer discounts for purchases that have already been made.

As our special offers are contingent on the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time, and without prior notice.

We also reserve the right to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.

Valentine's Day

Due to hike in prices during Valentine's Day period (1st February to 17th February, both dates inclusive), all orders received earlier, for delivery during this period, will not be honoured at the normal price published prior to Valentine's Day. We will only proceed with the order after the customer bank in the differences or customer can change the delivery dates to other dates, other than Valentine's Day period.

We will inform customer if order is received but prices will be different for this period. As per our policy, no refund for all goods purchased. Normally, prices for Valentine's Day will be published in mid of January. Please give us a call to confirm the price if there is any confusion.

Indemnity

You agree to indemnify, defend and hold harmless the Company, and any of their respective officers, directors, suppliers or employees, from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from your use (or use by any third party using your account) of the Web Site in violation or breach of the Terms of Use.

Termination of Usage

The Company may terminate your access, or suspend your access to all or part of the Web Site, without notice, for any conduct that the Company, in its sole discretion, believes is a violation or breach of these Terms of Use, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider, the Company or its Affiliates.

Severability

If any term or other provision of these Terms of Use are deemed by a final court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms, conditions and provisions of this these Terms of Use shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court shall modify only the affected term, condition or provision to effect the original intent of the parties as closely as possible so that the contemplated transactions are fulfilled and the Company and its Affiliates are protected to the greatest extent possible.

Applicable Laws

BLOOM2U.COM is owned by BLOOM2U FLORAL SDN BHD. The Company makes no representation that this Web Site or the Content is appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those persons and entities that choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any and all claims, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, marketing, or selling of any and all products and services of the Company and its Affiliates, through all merchandising channels, including but not limited to, the internet, this Web Site, telephone, catalog, radio, television, mobile device and participating retail stores or the Content shall be governed by the internal substantive laws of Malaysia without regard to its conflict of laws principals. The exclusive venue and jurisdiction for all claims and disputes shall be the appropriate state or federal courts located in Malaysia and you and we hereby irrevocably consent and submit to the exclusive jurisdiction of these courts.

Delivery Policy

For full information related to our delivery-related policies, please see our Delivery Policy sections.

Acknowledgement and Changes

This Agreement represents the entire understanding between you and the Company regarding your relationship with the Company and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THESE TERMS OF USE by accessing any areas of the Web Site, or using the telephone, catalogue, radio, television, mobile device and retail stores.

We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this, or any other appropriate page, and they will become effective upon the later of 1) the date specified by the Company, if any, or 2) the posting. By accessing the Web Site after changes are made to the Terms of Use and posted on the Web Site, you agree to be legally bound and to abide by the amended terms.

Privacy Policy

BLOOM2U.COM (also known as “our website” or BLOOM2U FLORAL SDN BHD (also referred to as “we”, “us” or “our”) understands and recognizes the importance of maintaining the privacy of customers, friends, registered members ("Members") and users, and has established this Privacy Policy as a result. The purpose of this Privacy Policy is to inform you of:

• the personal information we may require from you when you visit our website, respond to our emails, place orders via mail or fax, or otherwise contact us via telephone, email, fax or mail,
• the reasons we gather information from you,
• how we gather it,
• what information do we gather,
• how we use the information gathered, and
• how to limit communication from us.

At BLOOM2U FLORAL SDN BHD, we value your privacy. We will never give, lease, sell or disclose your personal information. Any information you provided to BLOOM2U FLORAL SDN BHD at any of our stores, over the phone and/or online (BLOOM2U.COM) will be held with the utmost care, and will not be used in ways to which you have not consented. If you have any questions at all about our privacy policy, please email us at info@bloom2u.com.

This Privacy Policy is part of the Terms of Use, which governs your use of our Web Site located at WWW.BLOOM2U.COM The Web Site is owned by BLOOM2U FLORAL SDN BHD. (the "Company").

Why do we gather information?

BLOOM2U.COM gathers personal information to help improve our products offering and customer service, to communicate with you, to process your orders, to provide an enhanced and more personalized shopping experience and to inform you, and your gift and message recipients, of special offers, promotions and discounts from us.

We are committed to keeping customer information confidential and used solely for the purpose of serving you better.

What information do we gather?

We gather information through our Web Site, emails, mail, fax, and telephone, including but not limited to the followings:

• when customers place an order, when customers participate in our forums, surveys, contests, promotions, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, and membership registrations, and
• when customers engage in other activities, services, products and resources we make accessible to our customers, members or users.
  Depending on how you are interact with us, we gather some or all of the following types of information:
• your name, address, telephone number, email address,
• billing information (credit/debit card number, expiration date, alternate or additional billing information and billing address),
• gender and birth date, if you choose, or are otherwise required to, enter such information,
• products purchased and occasion type (for example, Valentine's Day),
• any promotion or gift card code and related information
• Message and gift recipients' names, addresses, telephone numbers and email addresses

Information is gathered when you place an order, registration, or other process is started but not completed or cancelled.

How do we use the information gathered?

We use information we gathered to communicate with you, to process your orders, to provide an enhanced and more personalized shopping experience, to inform you and your gift and message recipients of offers and discounts from BLOOM2U.COM

We reserve the right to disclose information you provide to us as required by law, in response to legal process and law enforcement requests and as necessary or appropriate, in our view, to operate the Web Site, process orders or registrations, to conduct promotions, contests, and sweepstakes you participate in, and to protect the rights or property of the Company, its Affiliates, users, customers, recipients, Members, Sponsors, Providers, Licensor, Merchants and Associates (as these terms are defined in the Terms of Use).

Please note that any personal information you reveal or post on our public forums (as defined in the Terms of Use), such as a message board, chat room, discussion group, folder, survey, contest, user review and forum, and all User Submissions, are not protected by this Privacy Policy. The information which you provide on such public forums are at your own risk.

Consent to Transfer and Submission

BLOOM2U.COM is operated from Malaysia. If you are located outside Malaysia, please be aware that any information you provide to us will be transferred to Malaysia. By using the Web Site or otherwise providing us with information, you hereby consent to this transfer.

In addition, if you provide information to us regarding other individuals (such as your message or gift recipients), you have obtained approval from them to disclose such information.

Security and Passwords

We take the security issue very seriously. Our online ordering system is based on the SSL 128 bit encryption standard. Provided you are using an SSL-compliant browser such as Netscape's Navigator or Microsoft's Internet Explorer, you'll be able to conduct end-to-end encrypted transactions without fear of an intermediary obtaining your credit card information.

If you place an order on our Web site, it encrypts the credit/debit card number you submit prior to transmission over the Internet using secure socket layer (SSL) encryption technology. However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive.

Portions of the Web Site (such as our Member registration and Address Book) may require registration and log-in processes in which you will select a user ID and password (collectively, the "Password"). Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Web Site (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.

How to limit communication from us?

We want to communicate with you only to the extent you want to hear from us. And as part of our customer service offering we provide a regular email newsletter service. This service brings to you details of monthly special offers and product promotions as well as information on new products.

If you wish to subscribe to our newsletter service please send an email to info@bloom2u.com stating your request or submit your address in the box provided on our homepage.

And if you wish to opt-out of this service, please access the "Unsubscribe" link that is available on all promotional emails. You can subscribe again at any time by following the procedure above.

If you have any questions, please email our Customer Services Team at info@bloom2u.com

Correction to information previously provided

If you would like to update or correct information previously provided to us, please send an e-mail with your new information, including your complete name, postal address, and email address to info@bloom2u.com

Members can modify and update their membership information (including name, mailing address, birth date, telephone number and email address) by accessing the password-protected "Update Membership" page.

We endeavor to keep our information accurate and up to date. Once you have registered online with BLOOM2U.COM you can check the information we store for your account by visiting our website and logging-in. By accessing “My Details” you can amend any inaccuracies through this facility.

Your Consent and Changes to this Policy

Subject to the above provisions, by using our Web Site, you consent to the terms of this Privacy Policy and the Terms of Use, of which this policy is a part. We may change our Privacy Policy and Terms of Use from time to time as new features or services are added, suggestions from our customers are incorporated or other changes are made. We will endeavor to post the revised Privacy Policy and/or Terms of Use on our Web Site at least 30 days prior to their effective date - unless we believe changes must take effect sooner to comply with law or to protect the Company or our customers, users, Members, recipients, Sponsors, Providers, Licensors, Merchants, Associates and Affiliates, in which case the changes will be effective upon posting or as otherwise specified.

The date on which the current Privacy Policy and overall Terms of Use took effect is listed at the top of the Privacy Policy and Terms of Use (see "Last Updated" at the top of each). By using BLOOM2U.COM, after such changes take effect, you agree to be legally bound and to abide by the revised Privacy Policy and Terms of Use, of which this policy is a part.

Your Comments

BLOOM2U.COM welcomes feedback concerning this Privacy Policy. Please send your comments and questions to info@bloom2u.com

Delivery Policies

Our Delivery Time

• Monday to Saturday (Kuala Lumpur / Selangor) : 9.00am - 6.00pm
• Sunday, Public Holiday, Special Occasions delivery after 6.00pm, before 9.00am : Special arrangement can be made

• For delivery on Sunday, Public Holiday, Special Occasion (ie. Christmas, Valentine’s day, Mother’s day & Father’s day), after 8.00pm, before 10.00am, outside Kuala Lumpur / Selangor and overseas delivery, please place your order 3 working days in advance to ensure that goods can be deliver on time else it will be on case buy case basis.

• Please take note that in some cases, delivery may not be done within a specific time requested due to unforeseen circumstances beyond our control. We will deliver the order soonest possible on the date specified.

Same Day Delivery (Monday to Saturday)

Same Day Delivery is available for order and payment done before 12.00pm for Bloom2u.com and 2pm for Shop/Telephone Order from Monday to Saturday.

Morning Delivery (10.00 am to 12.00pm)

All morning Delivery needs to reach us before 6.00pm on the day before the delivery date for Bloom2u.com and after 6.00pm, please call for Shop/Telephone Order.

Substitution

We reserves the right to substitute any of the items based on availability. We would ensure that items replaced will either be of equivalent or higher value. However, we will not replace the main flowers chosen unless is agreed with the customer or stated on our website. (For example, if the choice of the main flowers is red roses, we will substitute with a different colour but not to substitute with different type of flowers ie. Lily)

Important Notes

Our delivery time:

1. Sender must provide at least 1 contact number for recipient and 1 alternative contact number (ie. 2nd mobile phone / office phone / house phone). We will NOT reveal the sender details because we understand most of the senders would like the gift/flower to be a surprise.
2. Our delivery team will try our best to deliver to recipient, if recipient isn't around we will deliver to :
   • For delivery to office, we will deliver to receptionist or recipient colleague
   • For delivery to house, we will deliver to recipient family member
   • For delivery to college/university campus, please provide us recipient's friend contact number for arrangement.
3. Please note that the runner will only wait for 15 minutes at the assigned delivery address. Any undelivered products will be sent back to the shop.
4. A fee of the same amount of delivery charges will be imposed for re-delivery of orders (to the same place) and different fees for re-delivery of orders to different location. Any replacement of product will be charge separately.
5. A cancellations fee of 50% of the selling price will be levied on orders cancelled upon confirmation.

The management reserved the right to amend any of the above without any prior notification. Thank you.

All Right Reserved

There is no part of the website include photos, descriptions, names, contents and basically everything published on the website, at anytime should be copied, reproduced or stored in any form by means including written, electronic or mechanical means without the written permission / approval of the copyright from BLOOM2U FLORAL SDN BHD or BLOOM2U.com.

Any person who violate the above or any unauthorized act in relation to this copyright work, he, she or company, may be liable for a civil claim for damages and a criminal prosecution.