Welcome to the Flower Market website (the « Website »). To visit the Website and use the platform offered by Flower Market via the Website (the « Platform »), you must comply with certain terms, conditions and rules that are outlined in these Terms of Use. These Terms of Use form a contract between the user (referred to as « you » or « professional user ») and the operator of the Website and the Platform, Flower Market Inter-Provincial (referred to as « us », we », or « Flower Market »)
By visiting and using the Website or the Platform, you accept these Terms of Use. If you do not wish to be bound by these Terms of Use, as is your right, you must immediately stop browsing the Website or using the Platform.
Access to the Website
You are authorized to access the Website and the Platform through a web browser operating on any platform. Accessing the Website or the Platform through automated means (such as robots, spiders or crawlers) is prohibited, except if there is a specific written agreement to this effect between you and Flower Market.
There is no guarantee that the Website and the Platform will be accessible and functional, in whole or in part, at all times. We reserve the right to suspend access to the Website and the Platform for the general public or for one or several particular professional users for any period of time, at our sole discretion.
Our rights
We own or are duly authorized to use all the content available on the Website, including all texts, images, drawings, videos, sound recordings and source code.
You may not modify, copy, distribute, run, transmit, transfer, display, provide, reproduce, publish, grant any licence or sub-licence in or sell this content or any information or service obtained through the Website, except for the purposes of visiting the Website and using the Platform in accordance with these Terms of Use, unless you have received our prior written consent.
The Flower Market trademark and the mfloral.ca domain name are our exclusive property or are used under licences granted by the owners or licence holders. Nothing in these Terms of Use grants you the right, explicitly, implicitly or otherwise, to use this trademark and domain name without our written authorization.
User account
You must create a user account to use the Platform. You certify to us that the information sent to Flower Market to create your professional client account or supplier account is true and accurate.
You are entirely responsible for your account and for any action taken using your account. You may not share your account with another person or business, and you must protect the confidentiality of your password at all times.
Confidentiality of information
Flower Market undertakes to preserve the confidentiality of any confidential information entrusted to it by a pharmacist.
User-generated content
The Website and the Platform allow you to create content (« User Content »). You are responsible for all User Content you create on the Website or the Platform. You must ensure that the content you create is legal and does not infringe on the rights of others, where applicable.
You remain the owner of the rights you hold in your User Content. However, you hereby grant Flower Market a limited, royalty-free, non-exclusive and transferable licence to reproduce, represent, use, format and communicate any User Content for the purpose of operating the Website and the Platform in accordance with these Terms of Use and our Privacy Policy. You waive and agree to irrevocably waive, in our favour and in favour of our successors and assigns, any moral rights that you hold or may hold in any User Content.
We may delete any User Content that does not comply with these Terms of Use or that we consider inappropriate at our sole discretion. However, we do not systematically monitor the User Content shared on the Website or the Platform, and we assume no responsibility for the User Content made available through them. You may therefore be exposed to inappropriate or illegal content when browsing the Website and using the Platform.
Content accuracy
We strive to provide the most accurate and up to date information possible on the Website and the Platform. However, it is impossible for us to guarantee that the information published online is always accurate, error-free, complete and up to date.
Prohibited use
You are not authorized to use the Website or the Platform for a purpose that is illegal or prohibited under these Terms of Use.
Without limiting the generality of the foregoing, you are prohibited from using the Website or the Platform, or allowing a third party to use the Website or the Platform, if such use:
(i) violates these Terms of Use; (ii) is illegal, infringing, harmful, threatening, tortuous, defamatory, slanderous, offensive, obscene, invasive of the privacy of a third party, hateful, fraudulent or malicious; (iii) harasses or advocates the harassment of another person; (iv) involves the transmission of junk mail or unwanted mass emails (spam); (v) involves the propagation of any malicious computer code, virus, Trojan horse, worm, harmful code, shut-down mechanism or similar code; (vi) promotes illegal activities or conduct; (vii) solicits passwords or personal identifying information from other users for commercial or unlawful purposes; (viii) interferes with or disrupts in any way the operation of the Website or any server or network involved in the operation of the Website; (ix) collects or “harvests” the names of other users or any other information about them; or (x) violates any local, national or otherwise applicable law or regulation.
External links
The Website contains links to other websites ( « Third-Party Sites ») that are owned and operated by other persons or businesses. We have no control over Third-Party Sites, and we are not responsible for their content. We provide links to Third-Party Sites to facilitate browsing, and the inclusion of such links does not imply that we endorse or recommend the content of Third-Party Sites.
The websites and web pages linked to Flower Market (for example, our Facebook page) are governed by their own terms and policies, which may differ from these Terms of Use and may not be under our control. We encourage you to review the applicable terms and policies before visiting and using these linked websites or web pages.
Suggestions by users
If you choose to contact us about improvements to make to the Website or to the products and services that we offer (referred to as « Suggestions »), we will hold any rights, title or interest in and to the Suggestions, and we will be authorized to use the Suggestions without restriction. You hereby irrevocably grant us any rights, title or interest in and to the Suggestions, you waive any moral rights in the Suggestions, and you agree to provide the assistance we may seek in order to document, develop and retain our rights, title or interest in and to the Suggestions. You acknowledge and agree that: (i) your Suggestions do not contain information that is confidential or owned by third parties; (ii) we have no express or implied obligation of confidentiality with respect to your Suggestions; (iii) we are authorized to use or disclose (or choose not to use or disclose) your Suggestions for any purpose whatsoever, in any way whatsoever, on any medium whatsoever, anywhere in the world; (iv) we may already have considered or be in the process of developing elements that are identical or similar to those mentioned in your Suggestions; and (v) you will not receive compensation or a refund of any form whatsoever from us, regardless of the circumstances in which your Suggestions are submitted to us.
Use of cookies
We use cookies to improve the Website’s performance and your experience. Cookies are very small files that are saved on your hard drive by the server hosting the Website or by third party servers (advertising servers).
The cookies used consist mainly of an identifier that allows your computer or mobile device to be recognized on your next visits to the Website. Some cookies are deleted after you quit your browser (session cookies), while others are kept indefinitely (visitor cookies). You may be able to disable the logging of cookies or certain type of cookies through your web browser settings. If you disable this feature, you will still be able to browse the Website, but your experience may be affected.
For more information on the information that we collect about our visitors and clients, please refer to our Privacy Policy.
Disclaimer
Although we strive to provide you with high-quality service at all times, your use of the Website, the Platform and the services available through them is entirely at your own risk. The Website, the Platform and the services available through them are provided “as is” and, to the extent permitted by law, without any express or implied warranty.
Although serving you well is always a priority, we cannot and do not warrant that access to the Website, the Platform and the services available through them will be uninterrupted and secure, or that the content available through the Website and the Platform will be error-free, accurate, complete and up to date. We do not warrant the results obtained through the use of the Website or the Platform, or the accuracy or reliability of any information obtained through the Website.
Any material or data uploaded, downloaded or otherwise obtained through the use of the Website or the Platform is obtained at your discretion and at your own risk. We do not warrant that such material is free from viruses or any other destructive code that may damage or infect your electronic devices or other property. You will be fully responsible for any damage to your computer or loss of data that may result from downloading and/or uploading such material and/or data through the Website or the Platform.
Limitation of liability
To the full extent permitted by law, under no circumstances will Flower Market be liable for any damages, whether direct, indirect, punitive, incidental, special, consequential or of any kind whatsoever, including, without limitation, damages for loss of data or profits arising out of the use or performance of the Website or the Platform or the content of services, or the inability to use the Website, Platform or services, whether such liability is based in contract, tort, negligence, strict liability or otherwise, even if Flower Market has been made aware of the possibility of damages. If you are dissatisfied with any section of the Website or the Platform, or any portion of these Terms of Use, your sole and exclusive remedy is to stop using the Website and the Platform.
Flower Market may never be held liable for any damage or loss that may be incurred or suffered by patients or pharmacists as a result of interactions through the Platform or professional services provided in whole or in part through the Platform.
Indemnification
You agree to indemnify, defend and hold harmless Flower Market and its affiliates, directors, officers, shareholders, employees, mandataries and licensors from and against any damage, claim, liability, loss, fees, penalties and debts, including reasonable legal fees, arising from or in connection with (i) your connection to the Website, (ii) your use of the Website or the Platform, (iii) any use of your User Content, including pharmacist assessments, or (iv) any other alleged violation of these Terms of Use on your part.
Governing law
These Terms of Use and any related operations shall be governed by the laws of the province of Quebec and the laws of Canada applicable therein, and must be interpreted in accordance with these laws.
Dispute resolution
Any dispute between Flower Market and a patient concerning these Terms of Use or your use of the Website and the Platform must be submitted to a competent court of the province of Quebec sitting in the judicial district of Montréal, thereby excluding all other forums or jurisdictions.
Severability
If a provision of these Terms of Use is, for any reason, found to be invalid, illegal or unenforceable, such invalidity, illegality or impossibility of performance will not impact the other provisions hereof, and these terms and conditions will be interpreted as if the invalid, illegal or unenforceable provision had never been part of them.
Changes to the Terms of Use
We reserve the right, at our sole discretion, to change these Terms of Use at any time by sending a notice to this effect to the email address associated with your patient account, if such account exists, or by posting the modified Terms of Use on the Website in all other cases.
The modified Terms of Use will take effect immediately once the notice is sent or posted, as the case may be, and by continuing to visit the Website and use the Platform or our services, you agree to be bound by the modified Terms of Use. A hyperlink to the most recent version of our Terms of Use is available on the Website, and the date of the last update appears at the beginning of the Terms of Use.
Contacting us
Since Flower Market is a digital business, we prefer communicating by email. The most effective way to contact us is to through the « Contact Us » section on the Website.
We would be happy to receive your questions, comments and feedback about our Terms of Use. Please write to us at: info@mfloral.ca.