What is a 'User' defined as in the context of the Flowerama agreement?
Flowerama Franchise · 2024 FDDAnswer from 2024 FDD Document
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").
Source: Item 23 — RECEIPTS (FDD pages 77–300)
What This Means (2024 FDD)
According to Flowerama's 2024 Franchise Disclosure Document, a 'User' in the context of the BloomNet Technologies System User Agreement is defined as a registered user who is granted access to the BloomNet Technologies System, which includes platforms like Bloomlink, Directory Online, Hosted Websites, BloomNet Management System, BloomNet Products, and Napco Imports. This access is contingent upon the user's compliance with the terms outlined in the User Agreement and the BloomNet Technologies System Agreement between the Customer (the franchisee's employer) and BloomNet Technologies, referred to as the Master Agreement.
For a prospective Flowerama franchisee, this means that their ability to use the BloomNet Technologies System is tied to their employment status and adherence to both the User Agreement and the Master Agreement. The franchisee acknowledges that their permission to utilize the BloomNet Technologies System is directly linked to their employment by the Customer and is subject to the stipulations of the Master Agreement. They must also agree to use the System as directed by BloomNet Technologies, which may include additional terms and conditions when using affiliate services or third-party content.
It's important to note that the User Agreement and the rights it grants are terminated if the Master Agreement is terminated or expires, as stipulated within the agreement. This highlights the interconnectedness of the franchisee's access to the System with the overarching agreements between BloomNet Technologies and the Customer. The franchisee should be aware of these conditions and ensure they understand the implications of any changes or terminations to the Master Agreement, as it directly affects their ability to use the BloomNet Technologies System.