Terms of service
WEBSITE TERMS AND CONDITIONS
FINESSE SUPPLY INC.
- Accepting These Terms
These terms (the “Terms”) govern your use of all websites and mobile content operated by Finesse Supply Inc., including any of its affiliates or subsidiaries (collectively, “Finesse” or as “we”, “us” or “our”) and Social Media Pages (defined later in these Terms) (individually referred to as a “Finesse Website” and collectively referred to as the “Finesse Websites”).
If you access and use the Finesse Websites, you accept and agree to be bound by and comply with the (i) Terms, (ii) any terms, conditions, legal notices and disclaimers in the footers, content, other pages of the Websites and behind links, buttons or icons on the Websites (the “Additional Terms”); and (iii) our Privacy Policy, which is incorporated into these Terms by reference. Finesse may revise these Terms at any time by posting an updated version to this Finesse Website. You should visit this page periodically to review the most current Terms because they are binding on you.
The Terms and Additional Terms also apply when you use a downloadable application or other technology to access any features, functionality, content and/or information that is made available or provided on the Websites. Users who violate these Terms may have their access and use of the Finesse Websites suspended or terminated, at Finesse’s sole discretion.
- Services
The Finesse Websites include, without limitation, www.finessesupply.com and include the Finesse Services. The Finesse Services are defined as the services offered by Finesse, including an on-line platform service to purchase and order delivery of florals, including, without limitation, faux florals (collectively, “Services”).
Your use of the Finesse Services is also subject to any other contracts you may have with Finesse. In the case of any conflict between these Terms and any contract you have with Finesse, the terms of your contract will prevail.
- Privacy
Our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy.
- Account with Finesse
The Finesse Websites also allow you to create individual profiles, which may include personal information (“Profiles”), and to make these Profiles, or aspects thereof, public. To use the Finesse Services and create a Profile, you must:
i) Be 19 years or older to use our Services. Minors under 19 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Finesse Websites or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.
ii) Provide accurate information about yourself. It is prohibited to use false information or impersonate another person or company through your account.
iii) Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
iv) Be responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are generally not transferable.
v) Protect your password. You are solely responsible for any activity on your account, so it is important to keep your account password secure.
These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Finesse.
- Use of Our Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to the Terms and the following restrictions:
i) The Finesse Websites are for your personal use only.
ii) You agree:
(1) not to use the Finesse Websites for any purpose that is unlawful under applicable law, including any local, state, federal, and international laws that may apply to you, or prohibited by these Terms;
(2) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Finesse Websites or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(3) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Finesse Websites or its content except as permitted by us under these terms or as expressly provided under applicable law
(4) not to use the Finesse Websites to distribute viruses or malware or other similar harmful software code;
(5) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
(6) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Finesse Websites and shall be solely responsible for keeping your password and other account details confidential.
We reserve the right to prevent or suspend your access to the Finesse Websites if you do not comply with any part of these Terms or any applicable law.
- Use of Finesse IP
Certain names, words, titles, phrases, logos, icons, video, information, software, audio files graphics or designs, or other content on the Finesse Websites (the “Finesse IP”) are protected under copyright, trademark and other laws. All Finesse IP is the property of Finesse or its licensors. The compilation of all content on the Finesse Websites is the exclusive property of Finesse and is protected by copyright, trademark, and other laws. Unauthorized use of the Finesse IP may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited.
Any code that Finesse creates to generate or display any Finesse IP or the pages making up any Finesse Websites is also protected by Finesse's copyright and you may not copy or adapt such code.
You agree not to sell or modify the Finesse IP or reproduce, display, publicly perform, distribute, or otherwise use the Finesse IP in any way for any public or commercial purpose, in connection with products or services that are not those of the Finesse Websites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Finesse or its licensors, that dilutes the strength of Finesse's or its licensor’s property, or that otherwise infringes Finesse's or its licensor’s intellectual property rights. You further agree to in no other way misuse Finesse IP. The use of the Finesse IP on any other application, website or in a networked computer environment for any purpose is prohibited. Any code that Finesse creates to generate or display any Finesse IP or the pages making up any Service is also protected by Finesse's copyright and you may not copy or adapt such code.
- Termination
You may terminate your account with Finesse at any time from your account settings. However, you will be liable for any outstanding bills or fees payable to Finesse for the Services.
We may terminate or suspend your account (and any accounts Finesse determines are related to your account) and your access to the Services should we have reason to believe you or your use of the Services violate our Terms. If you or Finesse terminate your account, you may lose any information associated with your account.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
- Warranties and Limitation of Liability
a) Purchased Items. You release Finesse from any claims related to items sold through our Services, including for defective items, misrepresentations, or items that caused physical injury (like product liability claims).
b) Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, Instagram and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk.
c) YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
d) WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.
e) WE WILL NOT BE LIABLE OR RESPONSIBLE TO YOU, NOR BE DEEMED TO HAVE DEFAULTED OR BREACHED THESE TERMS, FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE UNDER THESE TERMS WHEN AND TO THE EXTENT SUCH FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM ACTS OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, FLOOD, FIRE, EARTHQUAKE, TSUNAMI, EXPLOSION, GOVERNMENTAL ACTIONS, WAR, INVASION OR HOSTILITIES (WHETHER WAR IS DECLARED OR NOT), TERRORIST THREATS OR ACTS, RIOT OR OTHER CIVIL UNREST, NATIONAL EMERGENCY, REVOLUTION, INSURRECTION, PANDEMIC, EPIDEMIC, LOCKOUTS, STRIKES OR OTHER LABOUR DISPUTES (WHETHER OR NOT RELATING TO OUR WORKFORCE), OR RESTRAINTS OR DELAYS AFFECTING CARRIERS OR INABILITY OR DELAY IN OBTAINING SUPPLIES OF ADEQUATE OR SUITABLE MATERIALS, MATERIALS OR TELECOMMUNICATION BREAKDOWN OR POWER OUTAGE.
f) LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FINESSE (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL FINESSE’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE FEES PAID BY YOU TO FINESSE FOR THE SERVICES.
9. Indemnification
You agree to indemnify and hold harmless Finesse, its affiliates, and their respective directors, officers, shareholders, employees, agents, contractors and representatives, from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from your acts, omissions, access to or use of the Finesse Websites, the use of the products and services offered on the Finesse Websites, your violation of these Terms, your breach of your representations and warranties hereunder, or your violation, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Finesse Websites.
- Disputes with Other Users
You release Finesse from any claims, demands, and damages arising out of disputes with other users or third parties.
- Changes to the Terms
We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms.
- Links to Other Websites
The Finesse Websites contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Finesse of the contents on such third-party websites. Finesse is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
- No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Finesse Websites.
- Mobile Services
If you use the Finesse Websites through a mobile device, you agree that information about your use of the Finesse Websites through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Finesse Websites through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Finesse Websites using a mobile device, you represent that to the extent you import any of your Finesse data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Finesse account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. Except as set forth herein, you acknowledge you are responsible for all charges and necessary permissions related to accessing the Finesse Websites through your mobile access provider. Therefore, you should check with your provider to find out if the Finesse Websites are available and the terms for these services for your specific mobile devices. Finesse, at its sole discretion, may pay for text alerts that you may receive as a result of accessing the Services through your mobile phone; however, Finesse reserves the right to suspend payment and/or cancel your access to Finesse Website through your mobile device at its sole discretion, without any liability whatsoever.
By using any downloadable application to enable your use of the Finesse Websites, you are explicitly confirming your acceptance of the Terms and any Additional Terms provided at download or installation, or as may be updated from time to time.
- Social Media
The following terms apply if you access any of the social media pages, accounts, websites, channels and/or any application(s) within the said pages, accounts, websites and channels which have been established and administered by Finesse (each individually referred to as a “Social Media Page”, collectively referred to as the “Social Media Pages”). The term “Finesse Websites” (defined earlier in these Terms) includes Social Media Pages. The term “Social Media Page Website” refers to the website which hosts the Social Media Pages you are accessing.
By using the Social Media Pages and submitting a comment, photo, video links and/or other materials, you (and your parent/legal guardian if you are under the age of majority in your jurisdiction of residence) agree to be bound and comply with these Terms, our Privacy Policy and the general terms of use applicable to the Social Media Page Websites.
The Social Media Pages are designed for you and we encourage you to review, leave comments, discuss Finesse and Finesse Websites and Finesse Services, watch and share our videos and to engage us. Some of the comments and materials posted to the Social Media Pages and the Social Media Page Websites may not represent the opinions of Finesse. You agree that you will not post or submit any information, post, link or material of any kind on the Social Media Pages which fall into any of the categories described below:
a) Anything defamatory, abusive, infringing, obscene, misleading, unlawful or which otherwise violates the legal rights (including the privacy) of others;
b)Anything that contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
c) Anything that falsifies the origin or source of any information;
d) Anything repetitive, off–topic or overly–inflammatory; or
e) Any financial or personal information about yourself or others. For more information, please review our Privacy Policy.
Any information, posts, links or material of any kind that we determine to fall into any of the categories described above will be hidden/removed by Finesse, at its sole discretion.
Finesse will not be responsible or liable for the entities which own or operate the Social Media Page Websites or the Social Media Page Websites in any way, including being liable for any losses, or direct or indirect damages arising from any action or decision made by you or anyone else in reliance on the Social Media Page Websites.
If you have a question or concern about anything posted on the Social Media Pages, feel free to contact us.
- General
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You agree to attorn to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any matter that may arise under, in respect of, or in any way connected with the Terms and your use of the Finesse Websites.
If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Finesse’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Finesse’s ability to enforce such term at any point in the future.
