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Terms & Conditions |
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- By browsing and or using this website of Blossom Solutions Inc.(Blossom), you represent that you have read,
understood and agreed to be bound by these terms and
conditions. If you do not agree with these terms and
conditions please do not use this site.
- Certain terms and conditions referred to herein may
apply to certain features or services which this website may
offer and which may become operational in future.
- The information provided to you through this website is
not updated continuously but at regular intervals.
Consequently, any information supplied to you through this
site will pertain to the date and time when it was last
updated and not as the date and time when it is supplied to
you. Blossom shall not be liable for any loss that you may
suffer by relying on or acting on such information.
Blossom may keep its records of the transactions in any
form it wishes. In the event of any dispute, Blossom's records
shall be binding as the conclusive evidence of the
transactions carried out through this site in the absence of
clear proof that Blossom's records are erroneous or
incomplete.
Any request for any service, which is
offered through this website shall be binding on you as and
when Blossom receives such a request. If any request for a
service is such that it cannot be given effect to unless it
is followed up by requisite documentation on your part, Blossom
shall not be required to act on the request until it
receives such documentation from you.
You shall
ensure that this website or any related service is not used
for any purpose which is illegal, improper or which is not
authorized.
- You shall take all necessary precautions to prevent
unauthorized and illegal use of this website and
unauthorized access to its account provided by this website.
Blossom shall take all commercially reasonable care to, ensure
the security of and to prevent unauthorized access to the
website using commercially reasonable technology available
in USA to Blossom.
- You may be allotted a user-id and a set of secret
passwords by Blossom in the first instance. You will be
required to change the password assigned by Blossom on
accessing the site for the first time. As a safety measure,
you shall change the password as frequently thereafter as
possible. In addition to your-id and password Blossom may, at
its discretion, advise you to adopt such other means of
authentication including but not limited to digital
certification.
- You acknowledge, represent and warrant that the password
which will be issued to you, provides access to your Account
and that you are the sole and exclusive owner and is the
only authorized user of the password and accepts sole
responsibility for use, confidentiality and protection of
the password, as well as for all orders and information
changes entered into Accounts using such password. You grant
express authority to Blossom for carrying out transactions and
instructions authenticated by such password. You
unconditionally undertake to have password of such number of
letters/digits as may be notified by Blossom from time to time
and ensure that the same is kept confidential; and to not
let any unauthorised person have access to the internet
while you are accessing the Blossom website. If you forget the
password, you may request for the issue of a new password by
sending a written request to Blossom and this shall not be
construed as the commencement of a new contract. You agree
and acknowledge that Blossom shall in no way be held
responsible or liable if you incur any loss as a result of
information being disclosed by Blossom regarding its Account or
carrying out your instruction pursuant to the access of the
website and you shall fully indemnify and hold harmless Blossom
and the affiliates in respect of the same. You shall
maintain the secrecy of all information of confidential
nature and shall ensure that the same is not disclosed to
any person voluntarily, accidentally or by mistake. You
shall comply with such guidelines, instructions or terms as
Blossom may prescribe from time to time with respect to the
password.
- Blossom shall install adequate systems to restrict the
access of your account only to you. You shall take all the
necessary steps to ensure confidentiality and secrecy of the
login name and password allotted by Blossom in this regard. You
permit Blossom to provide the transaction statement of your
account through internet (web-based and/or email). You are
aware that the transaction statement may be accessed by
other entities in case the confidentiality / secrecy of the
login name and password is compromised. In case you opt for
transaction statement through email, you shall immediately
inform Blossom about change in email address, if any. Blossom
shall verify and confirm with you about the change.
- You irrevocably and unconditionally authorise Blossom to
access your account for effecting shipping or other
transactions performed by you through the website. Your
instructions shall be effected only when such instruction is
in accordance with the prescribed procedure.
- Blossom shall have no obligation to verify the authenticity
of any transaction / instruction received or purported to
have been received from you through its website or
purporting to have been sent by you other than by means of
verification of the website user-Id and the password.
- The read-out, the faxed /email output or the printed
output, if any, that is received by you at the time of
operation of Blossom website is a record of the operation of
the computer by you and shall be accepted as conclusive and
binding for all purpose. All the records of Blossom generated
by the transactions arising out of the use of the Blossom
website, including the time the transaction recorded shall
be conclusive proof of the genuineness and accuracy of the
transaction. While Blossom shall endeavour to carry out the
instructions promptly, it shall not be responsible for any
delay in carrying on the instructions due to any reason
whatsoever, including due to failure of operational systems
or any requirement of law.
- All instructions for Blossom website shall be given,
through computer or any other medium/channel enabled by Blossom
for the purpose, by you in the manner indicated by Blossom. You
are also responsible for the accuracy and authenticity of
the instructions provided to Blossom and the same shall be
considered to be sufficient to operate the Blossom website.
Blossom shall not be required to independently verify the
instructions and the instruction shall remain effective till
such time the same is countermanded by further instructions
by you. Blossom shall have no liability if it does not or is
unable to stop or prevent the implementation of an
instruction which is subsequently countermanded. Where Blossom
considers the instructions to be inconsistent or
contradictory it may seek clarification from you before
acting on any of your instructions or act upon any such
instruction as it deems fit. Blossom states that it has no
liability or obligation to keep a record of the instructions
to provide information to you or for verifying your
instructions. Blossom may refuse to comply with the
instructions without assigning any reason and shall not be
under any duty to assess the prudence or otherwise of any
instruction and have the right to suspend the operations
through the Blossom website if it has reason to believe that
your instructions will lead or expose to direct or indirect
loss or may require an indemnity from you before continuing
to operate the Blossom website.
- Any instruction, order, direction, request entered using
your password shall be deemed to be an instruction, order,
directive, request received from you. All instructions,
requests, directives, orders, directions, entered by you,
either electronically or otherwise, are based upon your
decisions andyou're your sole responsibility. You understand
that entering an instruction, direction, order, request with
Blossom, either electronically or otherwise, does not guarantee
execution of such instruction, direction, order, request.
Blossom shall not be deemed to have received any instruction,
direction, order, request electronically transmitted by you
until it confirms the receipt of such instruction,
direction, order, request.
- You are responsible for the correctness of information
supplied to Blossom for use of the Blossom website or through any
other means such as electronic mail or written
communication. Blossom accepts no liability for the
consequences arising out of erroneous information supplied
by you. If you notice an error in the information supplied
to Blossom, you shall immediately advise Blossom which will
endeavour to correct the error wherever possible on a
"reasonable efforts" basis.
- Neither Blossom nor its subsidiaries shall be liable for
any unauthorised transactions occurring through the Blossom
website and you hereby fully indemnify and hold Blossom and the
subsidiaries harmless against any action, suit, proceeding
initiated against it or any loss, cost or damage incurred by
it as a result thereof. Blossom shall under no circumstance be
held liable to you if the Blossom website is not available in
the desired manner for reasons including but not limited to
natural calamities, legal restraints, faults in the
telecommunication network or network failure, or any other
reason beyond the control of Blossom. Under no circumstances
shall Blossom be liable for any damages whatsoever whether such
damages are direct, indirect, incidental consequential and
irrespective of whether any claim is based on loss of
revenue, interruption of business or any loss of any
character or nature whatsoever and whether sustained by you
or by any other person. Illegal or improper use of the Blossom
website shall render you liable for payment of financial
charges as decided by Blossom or will result in suspension of
the operations through the Blossom website.
- You expressly agree that use of this website is at your
sole risk. The Website is provided on an "as is" and "as
available" basis.
- Except as warranted in the Terms, Blossom expressly
disclaims all warranties of any kind, whether express or
implied or statutory, including, but not limited to the
implied warranties of merchantability, fitness for a
particular purpose, data accuracy and completeness, and any
warranties relating to non-infringement in Blossom website.
- Blossom does not warrant that access to the Website and
Blossom website shall be uninterrupted, timely, secure, or
error free nor does it make any warranty as to the results
that may be obtained from the Website or use, accuracy or
reliability of Blossom website.
- Blossom will not be liable for any virus that may enter
your system as a result of Your using Blossom website. Blossom
does not guarantee to you or any other third party that Blossom
website would be virus free.
- You agree that Blossom and/or their Subsidiaries or their
agents may hold and process your personal Information and
all other information concerning your account(s) on computer
or otherwise in connection with the Blossom website as well as
for analysis, credit scoring and marketing. You also agree
that Blossom may disclose, in strict confidence, to other
institutions, such personal Information as may be reasonably
necessary for reasons inclusive of but not limited to
participation in any telecommunication or electronic
clearing network, in compliance with a legal directive, for
credit rating by recognised credit scoring agencies, or for
fraud prevention purposes.
- Blossom shall have the absolute discretion to amend or
supplement any of the terms at any time and will endeavour
to give prior notice for such changes wherever feasible.
Such change to the terms shall be communicated to you. By
using any new services as may be introduced by Blossom, you
shall be deemed to have accepted the changed terms.
- Blossom may withdraw or terminate the Blossom website anytime
either entirely or with reference to a specific service or
you.
- These terms and/or the operations in the accounts of the
user shall be governed by the laws of USA . The Parties
hereby agree that any legal action or proceedings arising
out of these terms for Blossom website shall be brought before
the competent courts at USA and you irrevocably submit to
the jurisdiction of such courts and tribunals. Blossom may,
however, in its absolute discretion, commence any legal
action or proceedings arising out of the terms for Blossom
website in any other court, tribunal or other appropriate
forum, and you hereby consent to that jurisdiction. Any
provision of the terms for Blossom website which is prohibited
or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of prohibition or
unenforceability but shall not invalidate the remaining
provisions of the terms or affect such provision in any
other jurisdiction.
- Blossom and you as user agree that if the user opens
further accounts with/subscribes to any of the
products/services of Blossom or any of its subsidiaries or
affiliates, and Blossom extends the Blossom website to such
Accounts or products or services and you opt for use
thereof, then these terms shall automatically apply to such
further use of the Blossom website by you.
- Blossom website service may be available to users in
certain cities only and during timings specified by Blossom
from time to time and transactions would be carried out on
the same day or on the next working day depending upon the
time of logging of the transaction. You would have to ensure
that the equipment used for availing of Blossom website meets
the criteria as may be specified by Blossom from time to time.
All costs incurred by you including telecommunication costs
to use the Blossom website would be borne by you.
- These terms and conditions contain Blossom's entire
agreement (except as otherwise expressly provided herein)
and supersede and replace any previously made proposals,
representations, understandings and agreements, express or
implied, either oral or in writing between you and Blossom for
Blossom website. You acknowledge that you have not relied on
any representation made by Blossom or any of its employees or
agents and have made your own independent assessment of Blossom
website. No third party will have any rights or claims under
these terms and conditions.
- Blossom shall make reasonable efforts to advise from time
to time the internet software such as browsers which are
required for availing of Blossom website. There will be no
obligation on Blossom to support all or any versions of the
Internet software as may be required for offering Blossom
website. You acknowledge that the software underlying the
Blossom website as well as other Internet related software
which are required for accessing Blossom website are the legal
property of the respective vendors. The permission given by
Blossom to access Blossom website will not convey any proprietary
or ownership rights in such software. You shall not attempt
to modify, translate, disassemble, decompile or reverse
engineer the software underlying Blossom website or create any
derivative product based on the software.
- Documents sent by electronic delivery will contain all
the information as it appears in the printed hard copy
version as prepared and distributed by the originator, with
the possible exception of graphic insertions such as
photographs or logotypes. Electronic delivery may be in the
form of an electronic mail, an attachment to the electronic
mail, or in the form of an available download from the Blossom
website. Blossom would be deemed to have fulfilled its legal
obligation to deliver to you any document if such document
is sent via electronic means. Failure to advise Blossom of any
difficulty in opening a document so delivered within
twenty-four (24) hours after delivery shall serve, where
applicable, as an affirmation regarding the acceptance of
the document.
- Blossom may use “cookies” to identify you when you visit
this website in the future. Most web browsers will allow you
to be notified if a cookie is sent to you to enable you to
decide if you want to accept it or not. Please be aware that
if cookies are disabled on your computer all
features/functions of this website may not work properly.
- In these terms “you” and “user” are used interchangeably
and the term “Blossom” may include its subsidiaries and
associates.
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