Terms of Service
Welcome to your Broadway Florists! The your Broadway Florists website is provided by your Broadway Florists llc and/or its affiliates and subsidiaries (“Shop Name,” “ fm,” “we,” us,” “our”) for your personal, non-commercial enjoyment, subject to the terms and conditions of use set forth here and all modifications thereto (the “Terms”), and the rules that may be revised by Broadway Florists. By using the Site, you are explicitly agreeing to these Terms. The term “Site” includes the website located at https://www.winnipeg.florist/ and any other online properties owned or operated by us. We may revise these terms at any time without actual notice. All such changes to the Terms will appear on our website and be effective immediately. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms, please do not use this Site.
Description of Services
Broadway Florists, via the Site, provides users with the ability to purchase flower arrangements, plants, and gift products and services (“Goods,” and “Services) at a low, flat rate.
Terms of Sale
By placing an order on https://www.winnipeg.florist/, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, or delivery fees) and agree to the terms, restrictions, and conditions of the purchase as of the time you submitted the order. Unless you and Broadway Florists have agreed to an alternate billing arrangement in writing signed by floral matters, we will automatically bill the credit card submitted as part of the order process for such price. After placing your order, you will receive a confirmation email when received, accepted, and once your order is delivered. All purchases are non-refundable. You are required to create an account in order to purchase from Broadway Florists online. An account is required so we can collect information to allow you to pay for your products and provide you with easy access to print your receipts, view your past purchases, and modify your shipping and billing preferences. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Sales taxes are not included in the price of the products. We will automatically charge and withhold the applicable sales tax for orders placed through https://www.winnipeg.florist/.
At this time via our website, Broadway Florists can provide flower delivery service only within a 15-mile radius of our store in Winnipeg. The cost of delivery is dependent on the delivery address and will be calculated for you at checkout. Please email us directly at [email protected] to place orders outside of our delivery area that are not accepted online. If you would like to order multiple arrangements (for an event, business, or company collective purchase), rather than using our website, please email us at [email protected] to inquire about availability for your desired date. We will try to accommodate as many requests as possible.
Delivery to Hospitals
When placing your order, be sure to include the hospital name, address, and telephone number; the name of the recipient; and the room number or ward of the recipient. We will send your gift bouquet in accordance with facility procedures. Please note that ICU patients are not permitted to receive flowers.
Please leave very specific instructions for the delivery of your floral arrangement in the “Delivery Instructions” field during checkout. IN cases where the recipient is not available when the courier attempts to deliver, they will either:
- Leave the arrangement with a neighbor or nearby business.
- Leave the arrangement with a business employee if delivering to a business.
- Leave the arrangement in a covered, secure area of the home (porch, garage, or other entrance).
Vase Substitution Policy
Although we attempt to use vases of similar size and design as those represented in the photos on our site, floral matters reserves the right to use any appropriate vases within our inventory to fulfill orders.
https://www.winnipeg.florist/ is owned and operated by us and ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio, and video clips, and software appearing on or offered on our Site, as well as the selection, assembly and arrangement thereof, and includes our current and future products and services, our Affiliate Program(s) and corporate accounts, the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of Broadway Florists. All Site Content is protected by the U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
Restrictions on Use of Material
Only if you obtain prior written consent from Broadway Florists, and from all other entities with an interest in the relevant intellectual property – may you publish, display, or commercially exploit any material from the Site. To seek our permission, you may write to us at [email protected]. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Site.
The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Broadway Florists, and partner entities. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Broadway Florists or relevant third party, which may own the Marks. All information and content available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes.
Links to Third-Party Websites
We do not have control over websites that may link to Broadway Florists. Our website may contain links to third-party websites that are not owned, operated, or controlled by Broadway Florists. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third-party site. By using Broadway Florists, you expressly relieve us from any and all liability arising from your use of any third party website.
Disclaimers of Warranty
Limitations of Liability
Your sole remedy for any dispute with us is to discontinue your use of Broadway Florists. In no event shall our liability, or the liability of our Officers, Directors, Agents, Partners, and Vendors, for any and all claims relating to the use of the site and services, exceed the total amount of fees that you paid us during the previous one-year period of use for the specific service of the issue. We, our Officers, Directors, Agents, Partners, and Vendors shall not be liable for any indirect, incidental, consequential, or special damages arising from your use, or inability to use, or reliance upon our site and services. These exclusions apply to any and all claims of lost profit or goodwill, even if we knew, or should have known, of the possibility of damages. If the jurisdiction does not allow the exclusion of liability for damages, in such jurisdiction, our liability, and the liability of our Officers, Directors, Agents, Partners, and Vendors, shall be limited to the extent permitted by law.
You agree to indemnify and hold harmless Broadway Florists, parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents, and representatives of each of them, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your access to or use of the Service; (ii) your violation of the Terms of Service; (iii) the infringement by you, or any third party using your account, of any intellectual property, copyright infringement, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Broadway Florists.
Submissions to Broadway Florists and Affiliated Servers
Any information you transmit to this website, by electronic mail or otherwise, including any data, questions, comments, suggestions, graphics, or the like, is and will be treated as non-confidential and nonproprietary information. Any information communicated to Broadway Florists through this website is the exclusive property of floral matters. Broadway Florists is entitled to use any information submitted for any purpose, without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to floral matters and accepts responsibility for its accuracy, appropriateness, and legality.
Reservation of Rights and Release
Broadway Florists reserves the right, but has no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other customers of floral matters, our partners, or Merchants. To the extent the law permits, you release us from any claims or liability related to Content posted on the Site and from any claims related to the conduct of any other floral matters customers or Merchants. You hereby waive California Civil Code Section 1542 (for California residents), and any similar provision in other jurisdictions (if applicable), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
We respect the intellectual property rights of others and ask that our customers and users of our website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a notification with the following information to the Copyright Agent named below.
ATTN: Broadway Florists
419 Academy Rd, Winnipeg, MB R3N 0C1, Canada
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
- Your username, address, telephone number, and email address
- A description of the copyrighted work that you claim has been infringed
- A description of where the alleged infringing material is located
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
In operating this website, we do not solicit, nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.
We welcome all comments, feedback, information, or materials regarding our Sites (“Feedback”), which you submit to us by email or otherwise through or in conjunction with any one of our Sites. Please note that Feedback shall be considered non-confidential and become the property of floral matters. By submitting Feedback to us, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. We shall be free to use Feedback on an unrestricted basis.
User’s Grant of Limited License
By communicating with us, including submitting or sending Content, a Contribution, or other information or material to us, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a feature of our offering. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us.
The communications between you and Broadway Florists use electronic means, whether you visit the website and send us an email communication, or whether floral matters posts notices on the website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Broadway Florists in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that floral matters provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Provisions Unenforceable or Invalid
We may change or discontinue the website or any of the services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any order issued prior to termination will be honored according to its terms and conditions.