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Terms and Conditions

Welcome to Banabox!! Ikebana Box LLC (“Banabox” or “Company”) is the operator of the banabox.co site (the “Site”).

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. Banabox reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the site because your use of the site after the posting of changes will constitute your acceptance of the changes.

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the site and to change, suspend or discontinue any aspect of the site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site without notice or penalty. Your continued use of the site will constitute your acceptance of any such changes.

1. Use of the site

You may use the site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the site and are responsible for the consequences of such communications. Any other use of the site requires the prior written consent of Banabox. You may not otherwise copy, modify, or distribute the contents of this site without the prior written consent of Banabox. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the site, in whole or in part.

We require all Members (as defined below in section 3 of these Terms) to agree not to use the site, and specifically prohibit any use of the site, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
  • Posting any information which is untrue, inaccurate or not your own;
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • Attempting to interfere in any way with the Site or Banabox’s network security, or attempting to use the site’s service to gain unauthorized access to any other computer system; and
  • Using the site to drop ship merchandise to third parties

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the site. Further, you may not use any such automated means to manipulate the site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the site or any other user's use of the site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the site within another web site. You may not resell use of, or access to, the site to any third party without the prior written consent of Banabox.

2. Registration and Passwords

In order to access certain services on the site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice.

3. Site Not for Minors

The site are available to registered and unregistered users who are 18 years old and older and who have not been suspended or removed by Banabox for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the site for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice.

4. Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

5. Transactions

If you wish to purchase any product or service made available through the site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Banabox the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Banabox reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

You agree that by placing an order on the site, you are entering into a binding contract with Banabox and agree to pay all charges that may be incurred by you or on your behalf through the site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

6. Substitution of flowers and other materials

All products depicted (in images and text) are subject to change or substitution. The images associated with your order are a representation of what is available. Size, quantity of flowers and color variations may vary from the images on our site. Seasonal and regional conditions affect availability. Occasionally, substitutions of flowers, plant material, containers, tools, etc. pictured may be necessary. If a substitution is required, we follow strict guidelines to maintain the same "look and feel" of the item you have selected.

7. The Subscription Contract Between You And Us

Banabox offers various subscription types: including rebillable quarterly subscriptions (“Quarterly Subscriptions”)

AUTOMATIC RENEWAL TERMS

With respect of Banabox subscriptions subject to automatic renewal, you agree that Banabox may submit periodic charges (e.g., quarterly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Banabox reasonably could act.

QUARTERLY (SEASONAL) SUBSCRIPTIONS

By purchasing a Quarterly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Banabox after the expiration date of your payment card.

AUTOMATIC QUARTERLY RENEWAL TERMS

Your subscription will be automatically renewed for successive quarterly periods and your payment method will automatically be charged for each successive quarterly period at the then-current subscription rate until you cancel your Quarterly Subscription renewal.

CANCELLATION POLICY FOR QUARTERLY SUBSCRIPTION RENEWALS

You may cancel your subscription after a minimum of three (3) quarterly boxes are delivered. To cancel your Quarterly Subscription at any time after that, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at info@banabox.co and we will do it for you. If you cancel within three days of your next order date, we will still process the order for that quarter and send you a box before canceling your subscription beginning the subsequent month.

8. Product Information; Limitation on Quantities

Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our site will be available.

9. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the site are the property of Banabox or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the site. Banabox and the Banabox logo are registered trademarks. All other trademarks are the property of their respective owners. All of our Site's content is Copyrighted by Banabox, Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the site. All rights not granted under these Terms are reserved by Banabox.

10. Contributed Content Guidelines

Banabox values your engagement. When contributing content, please consider the following guidelines:

  • By submitting or posting any materials or content on the site, you grant Banabox a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Banabox the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Banabox will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
  • All contributed content is subject to the terms set forth below;

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Use obscenities, discriminatory language, or other language not suitable for a public forum;
  • Post advertisements, “spam” content, or references to other products, offers, or websites;
  • Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • Post unduly critical or spiteful comments of other content posted on the page or its authors;
  • Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
  • Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via info@banabox.co.

11. General Disclaimers

You assume all responsibility and risk with respect to your use of the site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, BANABOX DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Banabox makes no warranties of any kind regarding any non-Banabox sites to which you may be directed or hyperlinked from this site. Hyperlinks are included solely for your convenience, and Banabox makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Banabox sites. Banabox does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the site.

12. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

13. Indemnification

You agree to indemnify, hold harmless, and defend Banabox, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the site, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the site by you, or your violation of any law or the rights of a third party.

14. Limitation of Liability

EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF BANABOX, IN NO EVENT SHALL BANABOX, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE site, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF BANABOX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF BANABOX, IN NO EVENT SHALL THE TOTAL LIABILITY OF BANABOX, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO BANABOX IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the site.

15. International Use

This Site and its contents are displayed solely for use by and delivery to United States residents. We make no representation that materials on the site are appropriate or available for use outside the United States. If you choose to access this site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Risk of Loss

Any merchandise purchased from our site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

17. Waiver; Remedies

The failure of Banabox to partially or fully exercise any rights or the waiver of Banabox of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Banabox or be deemed a waiver by Banabox of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Banabox under these Terms and any other applicable agreement between you and Banabox shall be cumulative, and the exercise of any such right or remedy shall not limit Banabox’s right to exercise any other right or remedy.

18. Governing Law

The laws of the State of Florida shall govern these Terms without regard to conflict of laws provisions.

19. Disputes

Any dispute relating in any way to your visit to, or use of, the site, to the products you purchase through the site (including a subscription), or to your relationship to Banabox shall be submitted to confidential arbitration in Miami, Florida; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Florida. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Florida. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

YOU AND BANABOX AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Banabox agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

20. Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

21. Termination

This Agreement is effective unless and until terminated by us. We may terminate this Agreement at any time without notice to you, and accordingly deny you access to the Site in our sole discretion if you fail to comply with the Terms. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials. In addition, by providing material on our Site, we do not in any way promise that the materials will remain available to you. All or part of this Site may be terminated at any time without notice to you.