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Terms of Use

The following are terms of a legal agreement between you and The Blossom Nursery (“TBN”). By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Web site.

 

TBN may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. TBN may also make improvements or changes in the products, services, or programs described in this site at any time without notice. This Terms of Use Agreement will be updated from time to time and was last updated March 9, 2017.

 

1. General

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without TBN’s prior written consent, except that TBN grants you non-exclusive, non- transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, TBN does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.

 

2. Confidential information

TBN does not want to receive confidential or proprietary information from you through our Web site except through our child and registration portal The contents of the material shared via the Child and Registration Portal will be kept confidential and only shared as required by the appropriate licensing and legal agencies. We will endeavor to store and manage such data with a high regard to your privacy. Please note that any other information or material sent to TBN will be deemed NOT to be confidential. By sending TBN any information or material, you grant TBN an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that TBN is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Personally- identifiable information that you submit to TBN for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding TBN’s privacy policies. Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

3. Disclaimer

Whilst TBN endeavours to ensure that the Website is available 24 hours a day, it shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.

You acknowledge that whilst TBN endeavours to ensure that information on the Website and any related material provided to you by TBN, whether by email or otherwise ("the TBN Materials")) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by TBN. Finally, you acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by TBN. TBN will use reasonable endeavours to ensure that the Website and the TBN Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code.

4. Use of Software

Copyright in any software that is made available for download from the Website and/or the TBN Materials belongs to TBN or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.M

5. User Generated Content

The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:

  • grant TBN the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have in respect of any material you post to the Website;
  • allow TBN to rely on such material as true and correct and usable for purposes of sharing with the Government and regulatory bodies who may request such student information and data; and
  • acknowledge that TBN may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from TBN..

TBN accepts no responsibility for any statements, material or other submissions placed on the Website by users.

6. Links to and from Other Websites

6.1 Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. TBN has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. TBN therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

6.2 You may link to the home page of the Website but strictly only on the basis that you do not replicate the home page of the Website, and subject to the following conditions:

  • (a) you do not create a frame or any other browser or border environment around the Website;
  •  (b) you do not in any way imply any endorsement by TBN other than with its written consent or misrepresent your relationship with TBN;
  • (c) you do not use any logos or trademarks displayed on the Website without the express written permission of TBN;
  • (d) you do not link from a website that is not owned by you; and
  •  (e) your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

6.3 You may link to other pages of the Website only with the prior written consent of TBN and subject always to the obligations set out in Clause 6.2. If you wish to do so, please contact TBN using the “Contact Us” section of the Website. Samara confirm

7. Registration on our Portal

7.1 To access certain parts of the Website, TBN may require you to register and provide certain information about yourself. Such registration may be subject to specific terms of registration, and in addition when you register you also agree to:

  • (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the Child Registration Data"); and
  • (b) contact the Web Editor shown on the “Contact Us” section of the Website in the event that you wish to update your Registration Data.

7.2 Where you register on the Website, you will be allocated a user name and password. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:

  • (a) maintain the security of your user name and password and be fully responsible for all use of the Website made using your user name and password;
  •  (b) immediately notify TBN if you become aware of any unauthorised use of your user name and password or any other breach of security Web Editor shown on the “Contact Us” section of the Website in the event that you wish to update your Registration Data.
  • (c) ensure that you exit from your website account at the end of each session. TBN cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.

8. Trade Marks

All TBN trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of TBN and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trademarks and/or domain names without the prior written consent of TBN other than for the purpose of referring to TBN and its associated brands lawfully and in good faith (only).

9. Suspension of Access to the Website and User Indemnities

9.1 If, for any reason, TBN believes that you have not complied with any of these Terms & Conditions it may, at its sole discretion, cancel your access to the registration sections of the Website immediately and without giving you any advance notice.

9.2 Without prejudice to the provisions of Clause 9.1, you agree to compensate TBN in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the TBN Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3.2.

10. Limitation on TBN's Liability

10.1 TBN will not be liable to you for any loss or damage caused by TBN or its employees or sub-contractors in circumstances where:

  • (a) there is no breach of a legal duty of care owed to you by TBN (or its employees or sub-contractors); or
  • (b) such loss or damage is not a reasonably foreseeable result of any such breach; or
  • (c) in respect of any increase in the loss or damage resulting from your actions.

10.2 Without prejudice to Clause 10.1 but subject to Clause 10.3, any liability of TBN arising in respect of your use of the Website and/or the TBN Materials (whether in tort, contract or otherwise) shall be limited in aggregate to one thousand dirhams (1000 AED) per event unless otherwise agreed in writing between us.