Ohana Terms and Conditions
Please read these Terms & conditions carefully as they contain important information about your rights & obligations in relation to use of this web site and buying products and services from us. These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Ohana makes this website (the "Ohana Site") available to you and any of our services which are accessible on or via the Ohana Site.
By accessing, browsing or using this website, you agree to be bound by the terms, conditions and disclaimers herein as amended from time to time. If you do not wish to agree to these terms and conditions, then, you may not use this web site.
By purchasing an item advertised on this website and/or by completing the registration process to become a subscriber ("a Subscriber"), you agree to be bound by these Terms and Conditions. Ohana may amend these Terms and Conditions from time to time and any amendment will become effective immediately. You understand that Ohana has the sole and exclusive right to make changes with regard to these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change made to the Conditions then you must immediately stop using the Website. Your continued use of this website after amendment constitutes an agreement to abide by and be bound by those Terms and Conditions, as amended.
1. General terms
1.1 The list of Ohana Products as depicted on this website (which may be varied from time to time) are available primarily in Bangalore, India as listed on this web site. In case the order for Ohana Products is placed using this site for any of the cities/ towns/ or other places where if the products are not available, your order will be rejected and the said fact shall be intimated to you with in 72 hours from the time of your order through email.
1.2 This web site is not offering to sell any products, rather inviting you to place the orders. The contents of this web site should be construed to be an invitation for offer. If you wish to purchase the items you should place an order and Ohana is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the email address provided by you. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
1.3 We take all our endeavors to deliver the exact products ordered by you; however, we wish to make it clear that Products are subject to availability. In the event of non availability, we reserve the right to substitute an Ohana Product of equivalent value and quality without notice. Substitutions may be necessary to ensure that your request for specialty gift is delivered in a timely manner. The best care and attention is given to your order to ensure that it is as similar as possible to the requested item. Specialty gifts may be substituted with another specialty gift of equal or greater value and of similar theme and category.
1.4 In the event, that we are unable to supply the Ohana Product or any substitute product to you at all, we shall notify you as soon as it is reasonably possible and shall reimburse your payment in full, in any event, not later than 30 days after the intended delivery date.
1.5 To ensure longer life, certain Ohana Products may be delivered to you in bud form.
1.6 Some Ohana Products, Flowers and Plants may be harmful or poisonous or cause allergies. If you require further information before submitting an order, please contact the Ohana Customer Service Team using the contact details.
1.7 We shall not sell our products in association with any prohibited or regulated item.
1.8 We require minimum of 24 hours to service your request.
1.9 In arrangements of assorted flowers, the colors shown online will be used depending on availability and seasonal factors. In case of non availability of flowers or in case of seasonal flowers, arrangement of flowers shall be done by substituting other kinds of flowers of equal or greater value. If the floral container shown online is not available, a similar container will be used.
1.10 Ohana makes no warranties, express or implied, with regard to making the Product available in any particular jurisdiction outside the Republic of India. Accordingly, if supply to you or your jurisdiction (by reason of foreign exchange import export laws or nationality, residence or otherwise) is prohibited, we wish to state that the Product is not offered for sale to you. You accept that if you are resident outside the Republic of India, you must satisfy yourself that you are lawfully able to purchase the Product from Ohana in India. Ohana accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Product.
2. Ordering Process
2.1 You may follow the instructions in the Order Form and you may have to provide all your personal details, and PIN code, other relevant details and details of the intended recipient and all necessary payment details. We accept payment by the major credits listed on the web site and any other credit and/or debit cards as we may specify from time to time. By clicking on the ‘Make Payments' button on the Order Form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Ohana site.
2.2 We cannot accept Orders from customers under the age of eighteen (18) years.
2.3 You may not ask us to send materials to person, who is unwilling to receive gifts or flowers from you. Ohana shall not be responsible if the recipient declines to receive the same. You shall be solely responsible for any actions that the recipient may initiate due to said action, for disturbance, nuisance, negligence, defamation or other civil or criminal liabilities. You shall indemnify Ohana for all claims and actions both civil and criminal initiated by any third party at the instance of sending the flowers to any third party recipient with out their consent or desire.
2.4 The price of various flowers and other Ohana products, and the procedures for ordering, payment and delivery are displayed on this web site. You must pay by credit or debit card at the time of order. The price of the Product is the price in force at the date and time of your order. We may change the price of the Product before you place an order. We try to ensure that the price displayed on this web site is accurate but the price on your order will need to be validated by us as part of the acceptance procedure mentioned above. We will inform you if the Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price. Full and complete payments, including shipping fees are required to start servicing your order.
3. Your Obligations
3.1 You are not allowed to and you agree not to use Ohana web site (or any part of) for any illegal purpose. Any attempt by you to upload or transmit through our website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer is an offence punishable under law. You may not send/ upload or make available any material which is defamatory, offensive, or obscene, or that may cause annoyance, or inconvenience. The contents of this web site are copyright of Ohana or of the respective owners as mentioned otherwise. The brand names including other trade impressions are the intellectual property of Ohana. You may not use the web site in any manner which violates or infringes the intellectual property rights of Ohana or of any other person, firm or company.
4.1 Ohana has provided utmost security to the contents of the transactions and secured financial transactions contemplated through this web site. The security, accuracy and efficiency of the financial transactions are depending on the payment gateways. You may personally verify and get satisfied with the payment gateway chosen by Ohana. Ohana shall not be responsible for any omissions, failures, default or negligence in this regard.
4.2 You are solely responsible in all respects for all use of and for protecting the confidentiality of any user name and password that may be given to you or selected by you for use on this web site. You may not share these with or transfer them to any third parties. You must notify Ohana immediately of any unauthorised use of them or any other breach of security regarding this web site that comes to your attention. Ohana declines to give any warranties, assurances on the performance of the web site and the transactions herein.
4.3 Ohana is entitled to refuse the any order placed without specifying any reasons at its sole discretion.
5. Warranty And Disclaimer
In no event shall Ohana, its licensors, its suppliers or any third parties mentioned on the website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death lost profits, or damages resulting from the delay, failure, interruption, or corruption of any data or business interruption) resulting from your use or inability to use the website or the content whether or not the Ohana is advised of the possibility of such damages. You acknowledge that in connection with the Website, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Ohana and its suppliers. Accordingly, Ohana assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website. Any claims arising in connection with your use of this Website or any Content must be brought within one (1) year of the date of the event giving rise to such action. Your remedies are limited to those expressly provided for in these Terms and Conditions.
7. Non Disclosure Or Confidentiality
You are solely responsible in all respects for all use of and for protecting the confidentiality of any user name and password that may be given to you or selected by you for use on this web site. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding this web site that comes to your attention.
We respect your personal information and undertake to comply with applicable Data Protection legislation and the privacy laws as applicable. At the same time, we shall be disclosing all available information as required by them if any investigating agencies including any regulatory or government authority investigating any suspected illegal activities, or upon receipt of a court order, requestor or direct us to provide your Personal Information and/or information concerning your activities whilst using the Website.
Any party engaged in illegal activities involving the use of this website will be subject to civil and criminal sanctions and prosecution. Ohana does not guarantee that it will be able to prevent any illegal or inappropriate use of this website, nor that it will give notice of any illegal or inappropriate use of this website. It is an illegal violation to place orders under a false name, with a fraudulently obtained credit card/ debit card or without the consent of the cardholder. You may take utmost care to preserve your credit/ debit card details to avoid such instances. It shall be your responsibility to take appropriate legal actions against all such fraudulent activities. You agree to defend, indemnify and hold Ohana, its affiliates, officers, suppliers and employees harmless from any and all claims, liabilities, settlements, costs expenses and actions both civil and criminal initiated by any third parties against Ohana including without limitation, reasonable legal and accounting fees, arising in any way from your illegal and fraudulent use of credit card/ debit card and/or your illegal activities with regard to the use of this web site.
10. Intellectual Property And Allied Right To Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Ohana or our licensors. You are permitted to use this material only as expressly authorized by us.
The contents of our web site are protected by copyright laws and other intellectual property rights. The owner of these rights is Ohana or its licensors. All product and company names and logos mentioned in this web site are the trade marks, service marks or trading names of their respective owners. You may download material from this web site for the sole purpose of placing an order with Ohana or using this web site as a shopping resource, However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
You agree to defend, indemnify and hold Ohana, its affiliates, officers, suppliers and employees harmless from any and all claims, liabilities, settlements, costs and expenses relating thereto, including without limitation, reasonable legal and accounting fees, arising in any way from your use of the Website or the Services, any violation of these Terms and Conditions by you, or any User Content you post on or through the Website. Ohana shall provide notice to you promptly of such claim and shall reasonably cooperate with you, at your expense, in your defense of any such claim.
Neither you nor Ohana will be held liable for any failure to perform any obligation to the other due to causes beyond your or Ohana's respective reasonable control.
13. Governing Law
By accessing this Website both you and Ohana agree that the statutes and laws of India without regard to conflicts of laws, principles thereof, will apply to all matters arising from or relating to use of this Website, and also agree to submit to the exclusive personal jurisdiction and venue of any Courts in Bangalore, India, with respect to such matters. Those who choose to access this Website from outside India do so on their own initiative and are responsible for compliance with local laws.
14. Dispute Resolution
In case of any conflicts or disputes arising out of this sale or order or purchase, the same shall tried to be resolved amicably by negotiations by giving 7 days prior notice to us. If dispute is not resolved by negotiation then the same shall be referred to arbitration & the venue for arbitrations shall be in Bangalore and the proceedings of such arbitration shall be governed by the provisions of the Indian Arbitration and Conciliation Act, 1996 or any modification or re-enactment thereof for the time being in force. The decision of the arbitrator is binding & final.
15. Changes To Terms And Conditions
Ohana may change these Terms and Conditions from time to time and at any time, [with or without actual notice to you.] All such changes to these Terms and Conditions will appear on this page of the Website. By using the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to these Terms and Conditions.
16. Availability of Te Web Site
We will try to make this web site available but cannot guarantee that this web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability, You must not attempt to interfere with the proper working of this web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, service, web site, router or any other internet connected device.
17. Cancellation Policy
If you want to cancel your order, you can do so by sending an email mentioned in the contact details before Ohana has accepted/confirmed your order on the payment gateway. We are unable to cancel orders that are already accepted on the payment gateway or are already prepared and/ or with our courier for delivery.
As each flower is unique, so too, are your special requirements and concerns surrounding your order. For that, we ask you call phone numbers listed in the “Contact Us” section of the website in relation to the actual flowers sent or flowers sent or received.
All refunds for orders placed online are credited back to the original credit card on which the order was purchased subject to the condition that due time should be given for refunding.
These Terms and Conditions constitute the entire agreement between you and Ohana and govern your use of the Website and the Services. You also may be subject to additional terms and conditions that may apply when you use third party content or services. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. The failure of Ohana to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of these Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.