BOKAY, Inc. Terms of Service

Terms of Service

General Information and Conditions

Welcome to bokay.co (the “Site”), operated by BOKAY, Inc. (“BOKAY, “we”, “us”, “our”), a website to personalize the flowers you purchase. By browsing or using the Site, BOKAY’s social media sites, or any other related services or applications offered by BOKAY, Inc., (collectively, “Service” or “Services”) you agree to the terms set forth under this Agreement. We reserve the right to refuse service to anyone at anytime for any reason.

By using our Site, you agree not to reproduce, copy, duplicate, sell, resell, or exploit any part of our Services. You represent that you are at least the age of majority in your state. You agree you will not use any of our Services for illegal purposes including, but not limited to, intentionally or unintentionally transmitting viruses, malware, or worms, or any code of a destructive nature.

The methods, systems and apparatus associated with this BOKAY service are confidential and proprietary to BOKAY, Inc. and no license is given or to be inferred from your use of the BOKAY service.

Happy + Honest Guarantee/Refunds

Our Happy + Honest Guarantee means that if you aren’t happy with your flowers or they don’t last a week with proper care, we will offer to send you a new BOKAY of equal or greater value or we will refund your purchase price at our discretion. If you have concerns about your order, please contact help@bokay.co and we’ll assist you. The maximum liability for any purchase through BOKAY is the total spent on an order.

Substitutions

Although we do our very best to use the exact flowers and colors and vases you have chosen in your design, due to supply chain issues, quality problems, or other issues, we may have to substitute similar flowers or vases in your design. If this happens, we will do our best to contact you prior to shipping to provide you with this information. If we reach you before shipping and you chose not to make a substitution, you may opt for a full refund so long as the order has not yet shipped.

Delivery Area/Unable to Service

BOKAY delivers using 3rd party carriers to the continental United States or “lower 48” states. Some rare carrier delivery exceptions may apply. If we are unable to deliver to your area, we will contact you and provide you with a full refund.

Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

Third Party Tools and Applications

BOKAY uses Shopify for it’s website along with a number of third party applications to fulfill orders and advertise to the user and for other informational and data purposes.

Subject to Change 

The Terms of Service and Privacy Policy are Subject to Change without notice. You are responsible to visit this page periodically for any updates or changes. You may email terms@bokay.co for any questions.

Severability

In the event that any provision or portion of the Terms of Service is deemed unlawful, unenforceable, or void, such provision shall nonetheless be enforceable to the fullest extent permitted by law. The unenforceable portion or portions shall be deemed severed from the Terms of Service and such determination shall not affect the enforceability of any other remaining provisions.

Indemnification

By visiting BOKAY or making a purchase, you agree to indemnify, defend, and hold harmless BOKAY, Inc. and our officers, agents, contractors, employees, service providers, contractors, partners, and affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, made by any party due or arising out of your breach of the Terms of Service.

Governing Law

This entire agreement shall be governed and construed in accordance with the laws of the state of Georgia and the County of Fulton.

Website Accessibility Statement We are committed to making our website accessible to all customers. We work hard and take steps to provide for the usability and accessibility of this website and our products and services. We communicate with our 3rd party website provider to provide services and access compatible with common browsers, accessories, and other tools and technology and we strive to provide accessibility for all customers. Please know that during this ongoing work and efforts to provide usability and accessibility for any customer, it may not be possible in every area of our website, technology, services or products with current technological restrictions, vendor restrictions, and other restrictions. However, your feedback is very serious and important to us so we can continue to improve and evaluate ways to accommodate all customers. Since accessibility is extremely important to us, please feel free to reach out to us with any concerns about the accessibility or functionality of our products and services by emailingaccessibility@bokay.co with information about the nature of the issue, how you would prefer to get a response from us, how to best contact you, which website you are contacting us about, and any other information you wish to provide. We will work hard to try to provide the help and information you need via a communication method that works for you. Thank you for your help and patience as we strive to provide an accessible and usable website with products and services on an ongoing basis. 

PRIVACY POLICY

This privacy policy has been established in order to demonstrate our company’s commitment to protecting customer privacy. We take your privacy very seriously. 

Information We Collect

By visiting our site, we and select third party apps, vendors, and provides may gather certain information about you and your order. If you create an account on our site or make a purchase, we need your contact information including your name, e-mail address, mailing address, and phone number to complete your transaction.

When you visit our site, we additionally collect some general and basic information. We use this information to determine our users’ demographics and interests, so that we can better understand and serve our users. We may use this information to advertise to users. 

"Cookies"

Cookies are small files which store certain information about your activity on the website and are stored on your computers hard drive. Our cookies do not contain any personally identifying information. We use cookies to let us know that you are a prior customer, so that you dont have to reenter information you gave us on your prior visits. Most web browsers automatically accept cookies, but most allow you to instruct your browser to prevent the use of cookies. However, if you disable cookies, you will not be able to use certain features of this website.

Our Use and Disclosure of Your Information

When opening an account or making a purchase, you have an opportunity to opt-in or opt-out from receiving emails from us. If you opt-in to receive information from us, we may use your purchase history, contact information and other registration information to provide you with more relevant information and email content. We may send emails to our users regarding changes in our services or other information we believe will be of interest to our users. If you prefer not to receive these emails, you can send us an email with the subject line no emails or reply to our email with the subject line no emails.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on our site, we may collect such information. We may use that information and other information that we obtain from your use of our site to resolve disputes, troubleshoot problems and enforce our agreement for Terms of Use.

We may share aggregate statistics about our sales, traffic patterns and related site information with other businesses, but these statistics will include no personally identifying information.

We may share your information with Teleflora and other reputable vendors for the purpose of sending out special offers via email and/ or in connection with the services provided by our site such as the delivery of flowers. Your information will not be shared for any other purpose and will be kept secured.

We cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Statement. For example, we may be required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that may be illegal or may expose us to legal liability.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control.

All user credit card information is securely communicated using secure socket layer (SSL) software, which is the industry standard and among the best software available for secure commerce transactions.

All user information stored on our server is stored in an encrypted format. Notwithstanding these efforts, we caution you that perfect security does not exist on the Internet.

Linked Sites

If this site contains any links to other websites, we are not responsible for the privacy practices or the content of such websites.

Changes to Privacy Statement; Consent

We may update this Privacy Statement from time to time. You should check this page periodically for changes. By using our site, you consent to the collection and use of your information by us as described in this Privacy Statement.

Questions and Comments

We welcome your questions and comments about this Privacy Statement.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:

terms@bokay.co

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

Questions

For any questions, email terms@bokay.co