Terms and Conditions
This agreement describes the Terms and Conditions of the services provided by LF FLORA MEXICO S. de R.L. de C.V. ("Mizu") within the website https://www.mizu.com/es-mx/ or https://www.Mizu.com/ (the "Site"), and a mobile application (the "Mobile Application" and together with the Site, the "Platform") for the acquisition by third parties, real and/or legal persons (the "Users") of different floral arrangements, stuffed animals, sweets, toys, food, drinks, chocolates and other products (the “Products”) through the Mizu Platform.
By using the services and the Platform; the Users acknowledge and accept that the following Terms and Conditions are mandatory and binding. Likewise, they accept and acknowledge the responsibilities derived from this agreement.
Therefore, by accepting the Terms and Conditions, the Users acknowledge that; this agreement will govern the contractual relationship between the parties, the responsibilities, and any other legal consequence that may arise from this agreement, between the Users and Mizu.
In order to use the services and the Platform; the Users must read and accept the Terms and Conditions: otherwise, they must refrain from using the Platform and the services.
In order to use the Platform and the services; the Users must have the legal capacity to contract. The persons who do not have the legal capacity to be bound, minors and those Users who have been suspended or disabled by Mizu may not use the Platform and the services.
If the Users are real persons, they acknowledge and accept that: they have sufficient legal capacity to be bound by the terms of this agreement in accordance with the laws of the country in which they use the services and the Platform.
If the Users are legal persons, the persons who carry out the registration must have the legal authority to be bound; and therefore, the persons who carry out the registration on behalf of the legal persons recognize and accept that: the Users are legal persons, they have the capacity, knowledge, experience, infrastructure, permits, licenses, authorizations, elements and their own personnel, which allow them to be bound in accordance with the Terms and Conditions.
The Users must fill out the registration form with their personal or corporate information; this information must be true, actual, accurate and complete. The Users are liable for false, outdated, imprecise or incomplete information before - as the case may be - Mizu, the third parties that display and commercialize their Products through the Platform ("Third Parties"), the suppliers subcontracted by Mizu for the preparation and distribution of flower arrangements and other Products ("Suppliers"), or any other entity or person who may be harmed because of the information of this nature provided by the Users.
Once they are registered, Mizu will provide an account number and a password - that will allow them to access the Platform – to its Users. The use of mentioned data is the responsibility of the Users, and they must take care of it and protect it.
The account number and password are non-transferable and they may only be used by those persons who have registered on the Platform in accordance with the provisions of the preceding paragraph. Obtaining of the account number and the password makes Users responsible for their use; as they are unique and personal, and therefore, only registered Users may have access to the Platform.
The Users agree to use their password and account number in accordance with the law, the ethics and the good customs. If the Users use the password and the account number in contravention of the foregoing; they will be responsible for the misuse of them.
By accepting these Terms and Conditions, the Users accept and acknowledge that: Mizu is not responsible for the information of registry that Third Parties and Suppliers enter on the Platform and they undertake to hold harmless to Mizu from any claim that may arise from the Users regarding the information provided by these Third Parties or Suppliers.
Mizu will be authorized to prohibit, to cancel and/or to remove the registration of Users - who do not comply with the provisions of section II. Previous - at any time.
Likewise, the registration of Users - who are caught while performing any of the behaviours described in the section XIII or who acquire the Products classified as "prohibited" in this document - will be cancelled, without prejudice to the civil or criminal actions in which they may incur.
On the other hand, Mizu may - at its sole discretion - cancel the registrations of Users who do not comply with the provisions of these Terms and Conditions.
Notwithstanding the foregoing, and in accordance with the provisions of these Terms and Conditions; Mizu reserves the right to unsubscribe the Users at any time.
The Users may purchase Mizu Products - that are made and distributed by various Mizu Affiliated Suppliers - through the Platform. When the User chooses the Product that he/she wishes to acquire; a text will be displayed with the description and the cost of the Product.
Once the User chooses the Product that he/she wishes to acquire; he/she must choose the option to buy on the Platform.
In this sense, the User must indicate the followings: (i) date and time of delivery of the Product; (ii) full name and telephone number of the recipient; (iii) complete address and references where the Product must be delivered; (iv) name, e-mail and telephone number of the user and; (v) Form of Payment (as mentioned term is defined below).
The User acknowledges and accepts that; it is only his/her responsibility to correctly provide the data described in the immediately preceding paragraph.
Once the User chooses the Product that he/she wishes to purchase and has provided the data established in this section; he/she must choose the accept option in order to send the order so that the preparation of the Products begins.
In this sense, once the order is sent; the Supplier will begin the preparation of the Products and the User will be informed that the Product is already in the “ Preparation” process or - where appropriate - if the Supplier does not have the Product requested by the User. For the purposes of this paragraph, “Preparation” is understood as the moment in which the Supplier begins with the preparation of the Products.
All the products presented on this website (with possible modifications from time to time) are available in almost all parts of the country in which Mizu operates. The platform will notify the User if the product is not available for delivery to a particular address.
b.1 Some product ranges are only available in certain delivery areas. If, for any reason an order will be accepted in an area that we do not have coverage; the full refund will be applied within a maximum period of 30 days from the expected date of collection/ delivery.
b.2. Some flower and plant products can be delivered in bud form to ensure a longer shelf life. For example, in order to provide the freshest and longest-lasting flowers; lilies can be delivered with closed buds and will be opened in 1 to 2 days.
b.3. There is a possibility that some flowers and plants could be harmful or poisonous; Please ensure to visit our Allergy and Health information page before submitting your order.
b.4. All the products are subject to availability. In case of supply difficulties, we reserve the right to replace the product with another product of equivalent value and quality and a notification will be sent to approve the change, as mentioned in the section IV.1.c. Please be assured that; the flowers will be of equal quality. In case of not approving the change; a partial or total refund will be applied.
b.5. If it is not possible for us to supply completely or partially to your order (the product or any other substitute product), you will be notified as soon as possible and the payment will be refunded in full within a maximum period of 30 days from the scheduled collection / delivery date.
b.6. Certain products are not available for same day delivery or other special delivery services. More information on product availability and delivery options will be provided to you when you place your order.
b,7 The service is provided by contracted local suppliers; therefore, we cannot send the product to other municipalities, cities or countries, in the event of a change of address..
Once the preparation of the Product is finished; the Products will be automatically accepted except in cases where Mizu offers the image validation service in some products.
If the service is available for the selected Product; the User will receive a notification through the Platform, e-mail or SMS an image sent by the Provider, in order to make the User validate whether the Product complies with the standards of quality and description of the Platform. The User will have a period of 10 (ten) minutes to accept or deny the Product produced by the Supplier. At the end of the 10 minutes, the order will be considered as approved to comply with the agreed delivery times.
If the User does not agree with the Product; the Supplier must prepare the Product again and to make the corresponding adjustments and to forward the image of the Product to the Platform.
If the User does not agree with the Product; this could cause delays in the delivery; thus, it should be understood that the arrangement could be delivered later during the same day. Likewise, if the User fails to agree with the image; he/she may cancel the order and request a refund – all the amount will be refunded within a maximum period of 30 days from the expected date of collection / delivery.
If the User will not validate the image in the aforementioned period; the Product will be deemed as accepted in order not to delay the order and to be able to comply with the delivery schedule.
Likewise, Mizu may not offer the image validation service on those days in which it deems that offering this service compromises the delivery of the Products on time.
d) My Account Services
Mizu offers the My Account service as an additional function ("Mizu") - subject to these Terms and Conditions - for your personal use. In order to provide the service, we will retain certain personal information. Except to the extent required or permitted by law, any personal information that we collect will be used solely for the purposes of providing the service.
Please note that; we reserve the right to link the personal information you provide on our various websites and through current and future Mizu mobile applications.
Only people over 18 years of age may register for the service. When registering for the service, you will be asked to create a password. You should keep this password confidential and do not reveal it or share it with anyone. You will be responsible for all activities and orders that are made with your password. If you know or suspect that someone knows your password; you should notify us immediately. If you have forgotten your password; please use the password reminder service (this option is next to the Login to My Account box).
If Mizu has reason to believe that a security breach or misuse of the service or website is likely occurred; we may ask you to change your password or to suspend your use of the service.
Please ensure that; the details you provide during registration or at any other time are correct and complete.
You must inform us immediately of any change in the information provided by the time you registered as well as updating your personal information. You can update the indicated information at any time by visiting the My account section. This will ensure that the service we provide is accurate and up to date.
The service is intended to offer assistance for the purchases made through the website. The service should not be used for the following purposes:
Mizu reserves the right to refuse to publish material on the website, or to withdraw material already published on the site.
Although we take all reasonable care and precautions in connection with the service; we do not make any representations or warranties of any kind (express or implied) regarding the content or operation of this service, and such representations and warranties are excluded by this notice. We do not guarantee that the use of the Service will be uninterrupted or error-free. Despite our efforts to ensure that reminder e-mails set up in your account are processed and delivered as requested; we cannot be held responsible if these messages are not delivered. Your use of the service is at your own risk and we do not accept any responsibility for loss or damage that you may suffer as a result of using the service.
Your access to the website and the service may occasionally be restricted for routine maintenance tasks.
We have determined obligations in relation to your personal information. Some part of the information that you provide may be information on "sensitive" topics; such as race, political opinion, religion, union membership, mental or physical health condition, sexuality, etc.). By registering for the service and providing your data; you accept that we use the data in the way described above. When you provide information about other people (for example, their date of birth or their address) you also confirm that you have consent from these people to provide this information to us.
The User will have the right to have the Product delivered to the address indicated once the Product is accepted in accordance with the section IV.1.a) above.
In relation to the foregoing, the User will be solely responsible for the data indicated through the Platform, if the Suppliers cannot make the delivery because of the following incorrect information indicated by the User: (i) delivery date and time of the product; (ii) full name of the recipient; and/or (iii) full address and references where the Product must be delivered.
If your order includes multiple items for delivery to the same address; they may be shipped separately.
a) The recipient was not found at the address
Products delivered by Mizu
If the recipient is not at the address or cannot be reached for delivery; the Supplier will try to leave the Product to a concierge, receptionist, neighbor or another.
The maximum waiting time for the person responsible for the delivery is 10 minutes. When this period of time is elapsed:
- In the case of an office, hospital, funeral chapel, housing complex, residential complex or other building with multiple access controls; it will be attempted to leave the Product to a co-worker, receptionist, assistant, etc. If the delivery is not possible; the User will be notified via email.
- In case of a private address and it is not found any person who can receive it; the User will be notified at the recipient's address and it will be made it known that we are going to make the delivery and they must contact us to proceed with the reprogramming.
The second delivery attempt will be made at no additional cost as long as the Product had not been purchased with a delivery cost. If the Product had an additional delivery cost, the second delivery attempt will have an additional cost which will be communicated to the User at the time of rescheduling.
If a second delivery attempt is failed; Mizu will terminate the service and a full refund will be issued within a maximum period of 30 days from the scheduled collection/delivery date.
Products sent by parcel services
The maximum waiting time for the person responsible for the delivery is 10 minutes. When this period of time is elapsed time:
- In case of being a perishable product: the parcel will be returned to the central for a second delivery. If the second delivery cannot be delivered, Mizu will terminate the service and a refund will be issued in full within a maximum period of 30 days from the scheduled collection/delivery date.
- In case of being a non-perishable product: the parcel will be returned to the headquarters for a second delivery. If the second delivery cannot be delivered; the customer will be fully reimbursed within a maximum period of 30 days from the scheduled collection/delivery date.
b) Addresses with conditional delivery
In case of delivery to determined places with the intervention of third parties, such as offices, hospitals, funeral homes, airports, hotels, ships and other commercial establishments; the signature of any person authorized to accept deliveries on behalf of the organization will be accepted as a proof of delivery to the selected recipient.
Mizu will try to comply with the delivery commitment at all times according to the rules of each place; but it is not responsible if these places impede the delivery of the Product. For this reason, it should be considered that some institutions or businesses do not allow direct delivery to the recipient (for example, some medical institutions do not allow the delivery of flowers to the rooms). If this problem occurs, Mizu will try to communicate with the User to make the delivery outside of the institution or to carry out a rescheduling.
If for any reason delivery cannot be made; the conditions specified in the Section III.2.a will be applied.
c) Delivery of rejected Products
If the recipient rejects or does not want to receive the Product; the User will be notified and Mizu will terminate the service and a full refund will be issued within a maximum period of 30 days from the expected date of collection /delivery.
d) Express Deliveries
The Users may indicate through the Platform that the Product to be delivered in a certain period of time "Express Delivery". The Users acknowledge and accept that; if they request an order as "Express Delivery", they will be charged an additional fee which will be indicated - through the Platform - at the time the User places the purchase order.
The express deliveries are not available nationwide and they are subject to schedule availability.
e) Communication for delivery
The Affiliate Provider may call the User if he/she is out of the address and no one is found to deliver the Product.
In this sense, the User acknowledges and accepts through this agreement that; in the event that delivery cannot be made, they may try to contact her/him through her/his telephone number.
The User will have to communicate within the next 7 days; otherwise, Mizu will give the option to reschedule during the period of 1 year at no cost or request a refund if the User prefers to do so.
The second delivery attempt will be made at no additional cost as long as the Product had not been purchased with a delivery cost. If the Product had an additional delivery cost; the second delivery attempt will have an additional cost which will be communicated to the User at the time of rescheduling.
The rescheduling will depend on the availability of our network of affiliated florists; the customer service agent will inform you during the contact which options are available for delivery.
g) Proof of delivery and localization
The Recipients must sign the delivery certificate requested by the Supplier or its staff with their name, signature, date and time of delivery so that the Supplier can justify the delivery of the Product.
h) Responsibility in deliveries
We will be not be deemed as responsible for the breach of our obligations if such breach is a consequence of extraordinary circumstances (such as fires, floods, earthquakes, storms, hurricanes or other natural disasters), violent invasion, hostilities from foreign enemies, (in declared or undeclared war), civil war, revolution, rebellion, insurrection, military usurpation of power, terrorist activities, nationalization, government sanction, blockage, embargo, labor disputes, strike, lockout or interruption or failure of electrical or telephone service.
i) Deliveries by courier
Delivery by courier is not available for the same day deliveries, deliveries on Sunday or holidays, or local or regional holidays as indicated.
Deliveries by courier service will be made during business hours between 9 a.m. and 7 p.m.
The User may cancel the Products for any reason as long as the order is still as a "new order" within the platform.
In the event that the image validation service is offered as indicated in the Section III.1.c), the User may cancel the Products still in the “in preparation” state if the User has rejected the product image.
a) Perishable products
If you are not entirely satisfied with the perishable products; you may request their return within 48 hours from the delivery of the order. After this period, our guarantee policy term is concluded for the product as it is a perishable product.
b) Personalized products
We regret that; it is not possible to cancel an order for personalized products if the personalization process has already begun (indicated on the Platform as "in preparation")
c) Other products
In the case of non-perishable Products, the return may be requested within 30 (thirty) calendar days after the delivery date, as long as the products are in their original packaging and original condition and they are returned to the supplier. For this, the User may request a parcel service guide with which he/she may return the Product to the supplier. The returns - which are found in suitable circumstances and accepted by Mizu - will be refunded within 7 days.
d) Fraudulent payments or cloned cards
The User has the right to cancel any payment at any time in the event of fraudulent use of his/her credit or debit card by another person who does not act on behalf of him/her or his/her agent and to receive a refund of the amounts from us if those amounts are not reimbursed by the card issuer in such circumstances.
e) Orders paid as Cash through convenience stores
In Mexico, there is no possibility of reimbursement for payments made with Oxxo, 7 Eleven, Extra, Farmacias del Ahorro, Farmacia Benavides and bank transfer.
Therefore, if the return or claim is approved; an open order may be left valid for 12 months so that the User can make use of the amount paid on a later occasion.
The Users are obliged to pay at the rates mentioned below:
When the User makes use of the Platform and chooses the corresponding Product in accordance with the provisions of the section; the price corresponding to the Product will be displayed (the “Rates of Suppliers' Products”).
In this regard, Mizu reserves the right to modify the Rates of Suppliers' Products at any time, at its sole discretion.
1. The prices that appear on the Mizu website are valid for a maximum of 10 days from the delivery of your order.
2. Prices include VAT for deliveries in Mexico.
3. Product prices include delivery costs to selected destinations. Mizu may require additional delivery costs for the regions specified by the company. If this happens, the User will be notified before the purchase.
The User must make the payment of the Rate for the Suppliers' Products, in accordance with the Payment Forms indicated in the section V.3 of this document.
The User acknowledges and accepts that; he/she must pay the Rates for the Products prepared by the Suppliers indicated by Mizu.
If the Supplier is unable to deliver the Products on two different occasions; the User must pay a fee that will be determined by Mizu at the time of rescheduling of the delivery (the “Multiple Delivery Fee”).
By accepting the Terms and Conditions; the User agrees to pay the Fee for Multiple Deliveries in the aforementioned case and accepts that: the payment to be done to the chosen means of payment or to pay the Fee for Multiple Deliveries in accordance with the Payment Forms indicated before.
Mizu may also charge any other fee or make charges for sending the products to the addresses of the Users. Mizu will notify such situation to Users - who may accept or deny said charge or fee - in the Platform. If the fee or charge is denied by the Users; the Provider will not be responsible for the delivery or preparation of the Products.
The Fees of the Products and the Delivery Fees mentioned above will be covered by the Users and in favor of Mizu through the following Payment Forms: (i) Paypal electronic payment platforms (ii) payment by credit or debit card; and (iii) in cash at the following self-service stores (“Payment Form”) [Oxxo]
Likewise, Mizu may - from time to time - add another Payment Form other than those indicated in this section.
a) Cash payments in self-service stores
When you select this payment method; you will be redirected to another page. On the page, there will be a barcode that you will need to print and bring to the store to make your payment. You must send your receipt to the email help@Mizu.com. The User must make the payment and notify such payment via WhatsApp before the selected time band for delivery begins. Otherwise, the order will have to be rescheduled; because the deliveries are confirmed once payment is received.
For subsequent deliveries; the payment limit is 7 days after the barcode was generated as long as it is paid at least 1 hour before the shipping period begins.
* Please note that; no delivery will be made unless you have already made your payment. Returns are not accepted with this payment method.
For the purposes of the Rates for the Products, the Rates for the Products and the Rates for Delivery; the Users who require a tax receipt must have the corresponding Federal Taxpayer Registry (“RFC”) and other applicable tax data; and request it once the payment is made. The tax receipt request must be made by submitting a request through the Platform no later than the 1st day of the month immediately after the one in which the corresponding charge was made.
If the Products are sold directly by Third Parties; they must issue the corresponding tax receipt and send it to Mizu on the business day following the User's request, in accordance with the provisions of the previous paragraph.
If you are not satisfied with the Mizu Service; your complaint or question related to our products and services should be addressed in the message field on the "Contact Us" page.
Our Customer Service is available in the date and time ranges through the contact numbers specified on the "Contact Us" page.
Due to the perishable nature of most products and in order to help us resolve claims quickly and to the full satisfaction of the parties; we advise you to make your claim within 1 business day from the delivery or the expected delivery date of your purchase.
In order to increase sales and advertise the Products; Mizu will be authorized to organize campaigns, promotions, to generate discounts, promotional codes and other unilateral offers at all times.
Mizu will have no obligation to maintain a campaign at the request of Users. The Users may participate in promotions as determined by Mizu.
a) Promotional codes
Mizu discount coupon codes ("Coupon Codes") can only be used on purchases made on Mizu Websites or the Mizu App for deliveries in the region of promotion.
The coupon codes must be entered in the relevant section of the order process on the Mizu websites. It is not possible for us to apply a discount to orders already placed.
The discount codes are usually restricted to one use per customer and they should not be passed on to other users.
The coupon codes can also have a maximum number of uses. If we are unable to accept the discount code that you have entered; it is probably because the code has expired or the maximum number of uses for the promotion has been exceeded. We will notify it to you during the order process and the discount will not be applied.
The selected coupon codes may be restricted to specific products; where possible, the details of possible restrictions will be communicated when promoting the coupon.
The coupon codes cannot be exchanged for money or used in conjunction with other promotions.
When the coupon code entitles you to have a percentage of discount; the discount will not be applied to the delivery charge or to any additional services requested.
The coupon codes can be withdrawn or suspended without notice and for any reason. We will notify you during the order process if we are unable to accept the discount code that you entered.
We cannot be held responsible for the unavailability of that may prevent the use of the coupon codes.
If the Platform does not function correctly for any external reason; the User releases Mizu from all responsibility when accepting and acknowledging the Terms and Conditions.
If one or more Users initiate any type of claim or legal action against a Third Party or Provider; each and every one of those involved in such claims or actions exempts Mizu from all liability, as well as exempting its directors, executives, employees, affiliates, agents, principals and dependents.
This agreement does not create an employment relationship between the Users and Mizu or its workers or employees: This agreement neither constitutes any association, civil or commercial society nor implies any establishment of an agency relationship between the Users and Mizu. Therefore, the Users are obliged to hold harmless to Mizu, to its employees, agents or representatives against any claims, losses, responsibilities and expenses that may arise in relation to their own businesses.
Mizu may modify the Terms and Conditions at any time, letting the Users to know the modifications - that it has made - through the Platform. The modifications to the Terms and Conditions will enter into force 1 (one) business day after their publication on the Platform. If the Users do not agree with the modifications, they must stop using the Platform; and if this is the case, they may notify this situation to Mizu in order to proceed with the cancellation of their account.
Mizu will understand that the Users accept the Terms and Conditions if they continue to use their accounts and passwords to enter the Platform and to use the services.
In order to make use of the Platform; the Users must enter their information in it. For these purposes, Mizu stores the information on servers that maintain security and technological protection standards in accordance with the capabilities and internal policies and standards.
The information provided by Users is treated as confidential and only certain data will be shared to Third Parties or Providers in accordance with the provisions of Mizu's Privacy Notice.
By accepting these Terms and Conditions, the Users acknowledge that; Mizu will not be responsible if a third party steals confidential information from the Platform through infiltration, viruses or any malicious conduct.
Mizu will process personal data in accordance with the Federal Law on Protection of Personal Data held by Private Parties. For more information, visit our Privacy Notice.
By accepting these Terms and Conditions, the Users authorize Mizu to make use of this information in order to provide the services and for this purpose.
By entering their information on the Platform , the Users acknowledge and accept that Mizu can classify them in the way it deems appropriate. Therefore, Mizu will not be responsible for any damages that such classification may cause to the Users.
In accordance with its internal technical capabilities, Mizu will make reasonable efforts to protect the information that Users place on the Platform through the use of different programs and softwares.
Mizu neither declares nor guarantees that; the Platform will remain free from losses, deterioration, attacks, viruses, interference, piracy or any other type of security penetration. Therefore, the Users release Mizu from all kinds of responsibility related to the aforementioned issues.
Users will be prohibited from the followings: (i) to enter false information in the Platform; (ii) to post aggressive and insulting comments; (iii) to exploit Mizu's services in an unauthorized manner and against these Terms and Conditions; (iv) to make use of the Platform to carry out unfair competition practices, with fraudulent purposes or any other purpose that is against the law or good customs; (iv) to make use of the Platform to carry out unfair competition practices, with fraudulent purposes or any other purpose that is the law or good customs; (v) to acquire or to request products prohibited by law as well as those mentioned in the following paragraph; and, (vi) to use the information of the Users, for purposes other than those established in these Terms and Conditions.
In relation to the foregoing, the purchase of the following products through the Platform is prohibited: (i) airbags, (ii) products subject to permits and licenses from authorities for their commercialization, (iii) firearms and sharp objects, (iv) all kinds of animals, (v) stolen items or any items which have been obtained through an illicit act, (vi) any type of value issued by any government, (v) master keys, (viii) pornographic materials or any product related to sexual activity, (ix) radar detectors, (x) all kinds of medicines and pharmaceutical items, (xi) formal wear, (xii) piracy or fake products, (xiii) any kind of tickets to participate in lotteries, games and draws, (xiv) electronic items used for radio and signal communication, (xv) tobacco-based products, (xvi) electronic cigarettes and other products for their operation, (xvii) flammable or explosive products, (xiii) narcotic drugs, psychotropics and inhibitors of THC effects and in general, products that import a decrease or that could cause inaccuracy in anti-doping tests, (xix) species prohibited for commercialization, (xx) personal rights and data, (xxi) gift certificates or discount coupons for all types of products, (xxii) objects that can be used to intervene in the car management system, (xxiv) cosmetic products, and (xxv) safety belts.
It is forbidden to alter, disturb, damage or carry out any other conduct that modifies the Platform, the Mizu system, the software, the operation and/or the database owned by Mizu.
The persons who are caught carrying out any of the activities mentioned in the previous paragraph, will be responsible for the legal actions that are applicable, as well as indemnifying Mizu for the damages caused.
Users who carry out any conduct contrary to the law, good customs or these Terms and Conditions will be subject to the following sanctions: (i) account suspension; the (ii) payment of damages and (iii) the conventional penalties established by mutual agreement between the Users and Suppliers and Mizu.
The Users acknowledge that; Mizu will not be subject to any penalty due to failures in the system, modification of information, disclosure of information and other applicable conduct in accordance with this agreement.
Mizu will not be responsible for failures in the Platform, on the internet or in the system and it does not guarantee the Users’ access or uninterrupted use of the Platform. Therefore, by being subject to the Terms and Conditions and using the Platform; the Users accept that: Mizu is not responsible for any damage or harm that may be caused to them due to failures in the system of any nature.
All the intellectual property rights of the Products made by Mizu are belonged to Mizu. Third parties that display their products on the Platform will give Mizu a free license to display their photographs in order to provide, to display, to offer Products or services and other purposes contemplated in these Terms and Conditions.
The unauthorized use of the Platform, the software or any part of the Mizu services by the Users is strictly prohibited and infringes the intellectual property rights of Mizu and/or its licensors, being subject to civil penalties and/or criminal penalties, as well as being subject to possible financial compensation for damages caused by the infringement of Mizu's copyrights and intellectual property rights.
The contents of the screens related to the services that Mizu offers, as well as the programs, databases, networks, files that allow the Users to access the Platform, are the exclusive property of Mizu and they are protected by international treaties and laws on copyrights and intellectual property rights, trademarks, patents, models and industrial designs. The improper use of such information and the total or partial reproduction of such content are prohibited, unless expressly authorized in writing by Mizu.
Mizu's social networks are the following channels:
Posting on Mizu's social networks or Blog
You must be 18 years of age or older to post on Mizu's social media.
By posting on any of Mizu's social networks; you agree to be solely responsible for the content of all information that you contribute, link or upload.
You agree that; everything you post must be truthful, accurate, not misleading and in good faith, and that you have the right to post such content.
You agree not to post:
False, misleading or fraudulent comments.
Materials that contain confidential material or that violate the privacy rights of third parties
Photos or comments that include or reproduce profanity, pornography, threats, hate speech, incitement to violence, personal attacks, illegal statements or unsafe practices
Content that attempts to impersonate another person, including - without limitation –the customers, employees of Mizu, partner florists, vendors, partners, or other community members
Unauthorized commercial communications (spam)
Viruses or other malicious programs
By posting on one of Mizu's social networks; you agree to be respectful to other members of the community, as well being respectful to the Mizu community management team.
a) Content moderation
Mizu reserves the right to moderate its content published on social networks.
Mizu reserves the right to remove any report or publication that could be deemed as inappropriate or offensive.
Any threat against people or property will be reported to the police.
Protection of privacy
Act visely to protect yourself, your privacy, and the privacy of others. What you post is available to a wide audience and possibly for a long time; so you should carefully consider what you write. Do not submit personal or confidential information about yourself or others, including bank account information, information that can be used to locate you or others, or information that could be considered an invasion of privacy.
Content and copyright
Mizu assumes no responsibility for errors or omissions in any material posted on Mizu's social media. For any content that you post on Mizu's social networks, you guarantee that; it is your original work or - if it is protected by intellectual property rights of third parties - you declare and guarantee that you have obtained all rights to third-party content and granted to Mizu as specifically stated in the international law, as perpetual, irrevocable and fully paid, transferable as well as granting the license to exercise all copyrights, publicity, moral rights and any other intellectual property rights with respect to any content that you provide.
Policy on complaints related to social networks
Mizu welcomes all comments about its products and services. If you wish to contact us regarding a complaint about Mizu's social media; you will be assisted by a member of the online customer service team who will do his/her best to respond and resolve your complaint in a timely manner and in accordance with the Mizu’s Customer Service Policy. Mizu maintains a zero tolerance policy towards customers who use abusive or threatening language, and it will take steps to protect its online customer service team, including removing offensive messages and reporting the user to the corresponding social network and - where appropriate – to the police. During the working hours of the Mizu customer service team – which is indicated on the "Contact Us" page at Mizu.com - Mizu will always try to respond to your complaint within 1 hour of posting. Outside of these hours and during the busiest business periods such as Christmas, Valentine's Day and Mother's Day; please expect up to 4 hours for a response.
By using the Platform, the Users agree - to the extent permitted by law - to indemnify and to hold harmless to Mizu, its directors, executives, employees, affiliates, agents, principals and dependents, with respect to any claim arising from non-compliance of this voluntary agreement.
The foregoing means that; Users may not sue, request compensation for any damage caused by Mizu, its directors, executives, employees, affiliates or agents was well as not requesting for any damage derived from Mizu's decision to eliminate or to deny processing of information and for any suspension or interruption of access to the Platform. This provision of compensation is applied to all violations contemplated in this voluntary agreement.
If the Users do not comply, or Mizu suspects that they have not complied with any of the provisions of this agreement, as well as the obligations contracted through the Platform or by virtue of the services; Mizu may - at its discretion and without prior need notice -: (i) terminate the present agreement and/or cancel your access account, being responsible for all sums of money due in favor of Mizu until the date of said termination; and/or (ii) prevent access to the Platform in order to use Mizu services.
Mizu reserves the right to modify, suspend or discontinue the services provided through the Platform at any time with or without notice; and Mizu will not be liable to Users or any to third party if it exercises said rights.
The parties expressly submit to the jurisdiction of the competent courts of Mexico City for the interpretation, compliance and execution of this agreement with an express waiver from any jurisdiction that may correspond to them due to their present or future domicile.
By accepting the Terms and Conditions, the Users freely and voluntarily agree that; all disagreements, controversies, divergences or litigious issues arising from this agreement will be submitted to Mizu by filing a complaint before submitting to arbitration, judicial procedure or any of the alternative means of dispute resolution that are specified below.
Once the complaint referred in the preceding paragraph has been submitted and the Users' claim has not been satisfied within a term of 45 (forty-five) business days from the date of submit of said complaint; the Users undertake to submit such controversies, divergences or litigious issues derived from or related to this agreement, first to the procedure pursuant to the Mediation Rules of the International Chamber of Commerce.
In the absence of resolution of the controversies according to aforementioned Rules within 45 (forty-five) business days following to submitting the request of Mediation; such controversies must be definitively resolved in accordance with the Arbitration Rules of the International Chamber of Commerce , by one or more arbitrators appointed in accordance with these Arbitration Rules.
For its part; Mizu may initiate the dispute resolution procedure that best suits to its interests at any time in order to demand compliance with any obligation of the Users as well as demanding the payment of damages and/or losses caused and to demand any compensation that may be generated in favor of Mizu.
The use of the Platform and your registration as a User means that you accept the Terms and Conditions.