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Disclaimer
Guarantee and Disclaimers
Flowersindiaonline.com ("Bagiya") GUARANTEES THAT ITS FLOWERS, PLANTS AND
PRESERVED ITEMS WILL BE FRESH FOR AT LEAST THREE (3) DAYS AFTER DELIVERY,
AND THAT IF THEY ARE NOT, Flowersindiaonline.com ("Bagiya")' SOLE MAXIMUM
LIABILITY WILL NOT BE MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE
AND DELIVER EQUIVALENT FLOWERS, PLANTS OR PRESERVED ITEMS, AS APPROPRIATE,
AS SOON AS REASONABLY POSSIBLE. CLAIMS UNDER THIS GUARANTEE MUST BE BROUGHT
WITHIN THREE (3) DAYS AFTER DELIVERY OR Flowersindiaonline.com ("Bagiya")
SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS
REGARDING SUCH FLOWERS, PLANTS AND PRESERVED ITEMS.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION
AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITE MAY BE OUT OF DATE OR
INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS
THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR
SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON
IT WILL PROVIDE ANY SPECIFIC RESULTS.
EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL
REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND
WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, OUR SITE AND OUR SITE'S USE,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. You may have other rights which vary
from jurisdiction to jurisdiction.
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Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN,
Flowersindiaonline.com ("Bagiya"), ITS DIRECTORS, OFFICERS, EMPLOYEES OR
OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS
SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS
LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY
KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS,
REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN
ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND
USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB SITE, EVEN IF WE HAVE BEEN
ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
Because some states/jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, the above limitation
may not apply to you.
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Applicable Law
You agree that any legal action brought against us shall be governed by the
laws of India, without regard to conflict of law principles. You agree that
the sole jurisdiction and venue for any litigation arising from your use of
or orders made on our Site shall be an appropriate court of India. We make
no representations that the content in our Site is appropriate for access
outside the India. Those who choose to access our Site from outside the
India do so on their own initiative and are responsible for compliance with
local laws. If any provision within the Terms and Conditions is held to be
invalid or unenforceable, such provision shall be struck and all remaining
provisions shall be enforced.
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Indemnity
By using our Site, you agree to indemnify and hold Flowersindiaonline.com ("Bagiya"),
its subsidiaries, affiliates, officers, agents and other partners and
employees, harmless from any loss, liability, claim or demand, including
attorneys' fees, made by any third party due to or arising out of your use
of our Site, including providing a link to another site or any content to or
of our Site.
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