1. BINDING TERMS
Please note that these Terms were last updated as at April 2016.
2. USE OF THE WEBSITE
Users may only use the Website in accordance with these Terms. All rights not expressly granted to Users in these Terms are expressly reserved by Blush Flowers Limited (Blush).
Each User will be responsible for all activity that occurs through its use of the Website. Blush shall not be liable for any content, representations, statements, services, products or other information or data posted to the Website by any User.
4. CONTENT UPLOADED
Blush reserves the right to remove any content posted to the Website that it considers (in its sole discretion) to be offensive, objectionable or otherwise unlawful.
5. USER INFORMATION
Upon registering to use Blush’s products and/or services via the Website, all Users agree to provide true, accurate, current and complete information about themselves as prompted by the Website (User Information), and to promptly notify Blush of any changes to their User Information in order to ensure that it remains true, accurate, current and complete.
6. NO ILLEGAL USE
No User may use the Website for any illegal or unauthorised purpose, or post any information or data that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person or entity.
7. NO MALICIOUS USE
Users must not use the Website for any malicious means or abuse, harass, threaten, intimidate or impersonate any other User.
8. INTERFERENCE WITH THE WEBSITE
Users must not introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Website.
9. ACCESSING THE WEBSITE
Users may only access the Website through standard web browsers, and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.
10 .USE OF THE WEBSITE ON BEHALF OF ANOTHER PERSON OR ENTITY
Any User that accesses and use the Website on behalf of another person or entity confirms that he, she or it is fully authorised to do so and agrees to these Terms on that person or entity’s behalf.
11. INTELLECTUAL PROPERTY
All Users agree that Blush owns all of the intellectual property rights existing the Website. However, Blush claims no intellectual property rights in relation to the information or content uploaded to the Website by Users.
Each User hereby indemnifies, and will keep indemnified, Blush against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Blush may incur or be subject to or suffer as a result of that User’s use of the Website.
Blush reserves the right to amend these Terms at any time with or without notice to Users. Any User who continues to use the Website after any amendments will be deemed to have agreed to such amendments.
14. CHANGES TO THE WEBISTE
Blush is permitted (in its sole discretion) to alter, suspend, discontinue or restrict access to the Website with or without notice to Users and shall incur no liability for doing so.
No User may publish or use Blush’s trade marks, brand, branding or logos except with Blush’s prior written consent.
16. TERMINATION OR SUSPENSION OF ACCOUNTS
If a User does not abide by these Terms, Blush may terminate or suspend that User’s account with Blush and refuse to provide its products and/or services to that User for any reason and at any time.
17. WEBSITE BREAKDOWN AND MALFUNCTIONS
Blush will try to promptly address (during normal business hours) all technical issues that arise on the Website. However, Blush will not be liable for any loss or damage suffered as a result of any partial or total breakdown of the Website or any technical malfunctions on it, the Website being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User’s computer system.
19. LINKS TO OTHER WEBSITES
Unless expressly stated otherwise by Blush, any link on the Website to other websites does not imply any endorsement, approval and/or recommendation of those sites, their operators or their products and/or services.
20. FOREIGN USE OF THE WEBSITE
Blush makes no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of the Website is not illegal or prohibited in their relevant country.
21. NO WAIVER
Blush will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by Blush. A failure to exercise or delay in exercising any right by Blush under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.
No User shall be permitted to assign or transfer any of their rights or obligations under Terms without Blush’s prior written consent. Blush shall be entitled (in its sole discretion) to assign and transfer any of its rights or obligations under these Terms, and the consent of Users shall not be required for any such assignment or transfer.
If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.
24. GOVERNING LAW AND JURISDICTION
These Terms will be governed by and construed in accordance with the laws of New Zealand. All Users and Blush irrevocably submit to the exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.
25. USE OF IMAGES AND PHOTOGRAPHY
No person accessing or using this website is permitted to copy, save and/or use any of the images or photography without the prior written consent of Blush.