Terms of Service

Terms

By using Mobile Florist, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using Mobile Florist. The materials contained in this application are protected by applicable copyright and trade mark law.

Disclaimer

The materials in Mobile Florist are provided “as is”. Syntactix makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Syntactix does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in its application or otherwise relating to such materials.

Limitations

In no event shall Syntactix, Mobile Florist, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials in Mobile Florist, even if Syntactix or a Syntactix authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing in Mobile Florist could include technical, typographical, or photographic errors. Syntactix does not warrant that any of the materials in its application are accurate, complete, or current. Syntactix may make changes to the materials contained in Mobile Florist at any time without notice. Syntactix does not, however, make any commitment to update the materials.

Terms of Use Modifications

Syntactix may revise these terms of use Mobile Florist at any time without notice. By using Mobile Florist you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to a Syntactix application shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. General Terms and Conditions applicable to the use of a Palm WebOs device.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Application Policies

Quality

At Mobile Florist we want you to be satisfied. If you feel the item delivered by one of our local florists is unsatisfactory we will pick up and replace the product, pick it up and refund your money or offer you a partial credit and keep the delivered product. Because of the perishable nature of flowers all we ask is that you contact us within 3 days of delivery with the details of your complaint.

Delivery

Our products are delivered via our network of preferred local florists. Delivery is available Monday to Saturday to all 50 States and Canada. Sunday delivery is not available. For same day delivery – orders must be placed before 1:00 PM in the recipient’s time zone. During peak holiday periods (Valentine’s Day, Mother’s Day, Christmas, Easter etc.) same day delivery cutoff time may be earlier. Requests for delivery at specific times of the day may be placed, but cannot be guaranteed. Normal delivery hours for our preferred florists are between 9:00AM and 7:00PM.

Sales Tax

Mobile Florist collects sales tax based on the delivery address of the order. Local and state sales tax will be collected if the recipients’ delivery address is in New York.

Service Charges

All orders being delivered within the U.S. and Canada will be assessed a $12.99 service charge. If sending more than one item to the same location on a single order, only one service charge will be assessed.

Substitution

Substitution may be necessary to ensure your arrangement is delivered in a timely manner. The utmost care and attention will be given to your order to ensure that it is as similar as possible to the requested item. There shall be no substitution in type of arrangement; that is, no change in size or shape.

Currency

All prices quoted on this site are in US Dollars.

Payment Methods / Credit Cards

Visa, Mastercard, American Express, and Discover credit cards are accepted.

Collection and Use of Information

In general, you can use this App without telling us who you are or revealing any personal information about yourself. In order to better provide you with numerous products and services, our app collects two types of information about its visitors: Personally Identifiable Information and Non-Personally Identifiable Information.

Non-Personally Identifiable Information

When you use this app, we may collect some basic Non-Personally Identifiable Information about you. This information may include information regarding your operating system, browser software, and IP (Internet Protocol) address. Non-Personally Identifiable Information is collected in order to provide you with satisfactory service. We may use the information to detect problems with our server and to administer our app. In addition, Non-Personally Identifiable Information is compiled by us and analyzed on an aggregate basis.

Personally Identifiable Information

When you place an order or enter a sweepstakes or promotion, we request that you send us Personally Identifiable Information. This information lets us know the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information may consist of: your name, address, telephone number, email address, birth date, billing information (credit card number, expiration date and billing address), occasion type (Valentine’s Day, etc.), products purchased, any relevant promotion code and information (for example, reward program account information) and the gift and message recipient’s name, address, telephone number, email address and any other information you may provide us (“Personally Identifiable Information” ). We use Personally Identifiable Information for internal purposes, such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, informing you of our new products, services and offers. Personally Identifiable Information is compiled by us and analyzed on both a personal and an aggregated basis.

To serve you better, we may combine Personally Identifiable Information you give us online or through our catalogs. We may also combine that information with publicly available information about you that we may receive from third parties. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and for other promotional purposes.

We may contract with third-party companies or persons to provide certain services including credit card processing, distribution, data management, promotional services, etc. (“Service Providers”). We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.

Placing an Order

When you place an order, we require you to provide us with Personal Information. We use this information to give you a customized experience and to process the orders that you place with us.

For your shopping convenience, personal information you provide to us online to set up your Personal Account is automatically saved and stored by us. This includes information such as your billing address, email address, telephone number(s), credit card number (which is stored in encrypted form) and reward program information. Also from time to time we may disclose certain personal information (names, postal addresses, and non-sensitive transactional information such as your purchase history, amounts paid and products ordered) to direct marketing companies for trade or rental purposes. Your Personal Account is password protected from third parties. You may access your Personal Account by requesting your password from us (go to My Account) and then signing in with that password. Afterward, you may change your password, edit your Personal Information or request a password reminder at any time. Our database stores your billing and delivery information, and will automatically transfer it to the order form each time you place an order so that you do not have to re-enter this information when you sign in at subsequent visits.

The recipient phone number, which you furnish to us when you place an order, is used for delivery purposes. On some occasions, the recipient may be called to schedule delivery. To maintain our high quality standards, we will occasionally contact recipients to ensure satisfaction with their gift.

Sharing of Information

We use outside independent florists to fulfill orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

Security

All order and personal information is encrypted using Industry Standard secure socket layer (SSL) technology. Mobile Florist complies with all PCI Standards and completes regular security checks by licensed third parties to ensure your data remains secure. Any data locally stored is protected with the strongest encryption possible and can be managed by you. However, despite all reasonable security precautions and processes, such as password protection, encryption technology, and use of firewall technology, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk. Once we receive your transmission, we will take commercially reasonable precautions to protect its security on our systems.

Saved Billing

Saved Billing is opt-in only feature that helps save time when making multiple purchases. If you choose, your Billing Address and Payment Information are saved so they can quickly be reused later.

If you do not explicitly enable this feature, your payment information will NOT be saved on your device.

When Billing and Payment information is saved, it will be encrypted with top of the line Blowfish Encryption. For security reasons, this information cannot be viewed nor edited after being stored. You can remove billing profiles, but cannot update them.

To comply with credit card processing rules and best practices, your card code (3-4 digit pin) is NOT stored with your billing profile. The card code must be entered every time you use the saved billing profile. This ensures only you can use this billing information.

You can easily erase all or some of your saved billing profiles through the Preferences section. From the opening screen, tap “more”, then “Preferences”. You cannot see or edit the data, only delete it. To remove a single profile, swipe it to the side. Remove all profiles at once with the appropriate button.

Transmission of Data

Because Mobile Florist accepts international orders, if you are located outside of the United States, please be aware that any information you provide will be transferred to the United States. By using our app or providing us with your information, you hereby consent to this transfer. In addition, if you provide data about other individuals (such as gift recipients), you agree that you have obtained consent from each such individual to the submission and processing of such information to the terms of this Policy, including without limitation the transfer of such data to the United States. Although we will collect and use your information only as stated in this Policy, laws generally applicable to the protection of personal data in the United States may not be as stringent as those in some users’ home jurisdictions.