Under what condition is a Flowerama user permitted to use the BloomNet Technologies System?
Flowerama Franchise · 2024 FDDAnswer from 2024 FDD Document
IMPORTANT! Your use of the BloomNet Technologies System (as defined below) is permitted only pursuant to a license granted to your employer ("Customer") and you on the condition that you comply with the terms and conditions set forth below.
PLEASE CAREFULLY REVIEW THIS BLOOMNET TECHNOLOGIES SYSTEM USER AGREEMENT BETWEEN YOU, AS USER, AND BLOOMNET, INC. ("BLOOMNET TECHNOLOGIES")("USER AGREEMENT"). BY ACCESSING THE BLOOMNET TECHNOLOGIES SYSTEM, OR ANY PORTION THEREOF, YOU AGREE TO BE BOUND BY, AND ARE BOUND BY, THE TERMS OF THIS AGREEMENT. AT SUCH TIME OF ACCESS, YOU SHALL HAVE ENTERED INTO THIS AGREEMENT WITH BLOOMNET TECHNOLOGIES. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN DO NOT ACCESS THE SYSTEM, OR ANY PORTION THEREOF, AND RETURN TO BLOOMNET TECHNOLOGIES ANY SOFTWARE AND/OR MATERIALS PROVIDED TO YOU.
1. TERMS OF SERVICE; CHARGES AND BILLING PRACTICES
A. BloomNet Technologies provides its BloomNet Technologies System, which currently includes Bloomlink, as well as additional available services and systems, including Directory Online, Hosted Websites, BloomNet Management System, BloomNet Products and Napco Imports (collectively for the purpose of this Agreement referred to as "BloomNet Technologies System" or the "System") to you as a registered user ("User" or "you"), subject to the terms of this User Agreement and the BloomNet Technologies System Agreement between Customer and BloomNet Technologies (the "Master Agreement"). This User Agreement and the Master Agreement comprise the entire agreement between BloomNet Technologies and you, superseding any prior agreements between you and BloomNet Technologies with respect to its subject matter. You acknowledge and agree that you are permitted to use the BloomNet Technologies System only due to and in connection with your employment by Customer and are subject to the terms of the Master Agreement. You agree to use the System as specified from time to time by BloomNet Technologies. Additionally, you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, software, or services. This User Agreement and the limited rights granted to you hereunder shall terminate upon the termination of the Master Agreement or earlier as provided in this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 77–300)
What This Means (2024 FDD)
According to Flowerama's 2024 Franchise Disclosure Document, a user's access to the BloomNet Technologies System is contingent upon a license granted to their employer, referred to as the "Customer," and the user themselves. This access is specifically conditional on the user's compliance with the terms and conditions outlined in the BloomNet Technologies System User Agreement. The document emphasizes the importance of carefully reviewing this agreement between the user and BloomNet, Inc.
The agreement stipulates that by accessing the BloomNet Technologies System, the user agrees to be bound by its terms. If a user does not agree with these terms, they are instructed not to access the system and to return any provided software or materials to BloomNet Technologies. This highlights the legal and contractual obligations that users must accept to utilize the system.
Furthermore, the FDD states that a user's permission to use the BloomNet Technologies System is directly tied to their employment by the Customer and is subject to the terms of the Master Agreement between the Customer and BloomNet Technologies. This agreement and the limited rights granted to the user will terminate if the Master Agreement is terminated. This condition underscores that access to the system is not an independent right but is dependent on the contractual relationship between Flowerama, BloomNet Technologies, and the user's employment status.