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Terms of Use

 

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Effective: March 2020

These are the terms and conditions of use (the "Terms") of The Wedding Wizard website (www.theweddingwizard.ie) and mobile pages and related online and offline services such as our social media pages (together "We", "The Wedding Wizard", the "Website" or "Service(s)"). These Terms, along with our Privacy Notice, govern your access to and use of the Service(s) and form a legally binding agreement between you and The Wedding Wizard. 
 

1. Your Acceptance of the Terms

By accessing or using The Wedding Wizard, you agree to be bound by these Terms and by our Privacy Notice. If you do not want to be bound by these terms, then you should not use The Wedding Wizard. 

Certain features, products or software that you use, purchase or download through the Service(s) may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. For example, any contests or other promotions (each a “Promotion”) made available through the Service(s) may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with the Terms, the Promotion rules shall apply.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time and you agree to be bound by such modifications or revisions. It is your responsibility to check the Terms periodically because any changes will be binding on you. By continuing to access or use the Service(s) after those revisions become effective, you agree to be bound by the revised Terms.
 

2. The Services (“Service(s)”)

Through our Website, we offer a suite of project management tools and a marketplace for the wedding industry.  The Wedding Wizard connects couples and suppliers through its Website, making interaction and communication tools available to both of them, giving suppliers a target audience interested in their products and services and tools to help manage those weddings, and providing couples with products and services related to organising and holding weddings.

Users of our Website include individual users such as prospective brides and grooms and newlyweds ("Couples"), their wedding guests ("Guests") (together referred to as "Members"), as well as businesses, companies and other third parties offering wedding-related products and services (collectively, "Suppliers") (all of the foregoing, including Members and Suppliers, collectively, "Users"). 

Certain areas of the Website may provide a place for Members to interact with Suppliers and to book services offered by those Suppliers. These services include for example:

  • A dedicated wedding management page between Couples and the Suppliers they have ‘hired’. Information which can be shared in here includes:

    • Budget feature: where the couple or supplier can create a budget and related payment milestones with dates – so everyone is clear on what is to be paid by when.

    • Agreements: where the agreement can be set up (or saved if set up offline).  The Supplier can create an agreement which must be approved by the Couple. Once approved, both parties should treat this as binding. There is the ability to amend the agreement if needs be.

    • Tasks: The Supplier can set / share tasks with the Couple.

    • Notes: where the Supplier or Couple can keep notes.

  • The ability to make payment online, once a budget has been set up and approved on the dedicated wedding management page. 

This is free of charge for the Couple, you will pay the relevant amount as agreed with the Supplier and/or indicated in the budget. The Supplier will pay a small commission (if applicable) and related Stripe fees, as outlined in the ‘Fees and Payments’ section at 10.2 below.

  • Enquiry and messaging function, where a Couples can interact one to one with all their suppliers and Suppliers can do the same with all their Couples.

We warrant that we will provide the Service(s) with reasonable skill. You acknowledge and agree that you are solely responsible for all use you make of any Service(s). We do not accept any responsibility or liability for issues arising with your wedding, whether directly or indirectly caused by the Suppliers, tools or other functionality made available to you via our Website.

2.1 Innovative communication & planning solution

As a Couple using the Service(s), you agree that certain information can be shared on The Wedding Wizard, including: 

  • with Suppliers (through the messenger, enquiry feature and the dedicated 'My Supplier' page for Suppliers hired);

  • with your Partner, who will have access to all content and planning tools related to your wedding, assuming, of course, you invite them to help in the planning;

  • with your Guests. The Wedding Wizard allows you to share more of your wedding with guests through features such as the Guest Manager and (very soon) the 'Your Guests' feature. Your guests will,, therefore, be able to view certain information about your Wedding, depending of course on how much you choose to share with them. 

From a supplier perspective, much of the key project management can be carried out on The Wedding Wizard, sharing such things as Agreements, Budgets & payment plans and Tasks with your Couples from the dedicated wedding page.

We accept no responsibility for the communications between Users, It is important that you understand that you are in the best position to know the consequences of what is being communicated and we do not oversee this.
 

3. We are a neutral platform

As a User, you acknowledge that we are not a product or service provider, vendor or an agent representative for any Supplier. We and the Website function solely as a neutral platform where Users may connect for a particular type of service or product. 

Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Website are not provided by us and are specifically and solely between the Users. We have no liability for your interactions with other Users, nor for any User’s action or inaction. 

The Wedding Wizard does not guarantee the suitability of leads provided via the Service(s) either in terms of Suppliers for Couples and Couples that enquire to Suppliers. The Wedding Wizard is also not responsible for any cancellations, or the management of same, made by either Members or Suppliers. Cancellations should be governed and controlled directly by the Wedding Supplier’s policy in this regard and confirmed and agreed between the parties. We have no control over the ability of Suppliers to provide items or perform services or the ability of Members to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users. 

Whilst We facilitate transactions between Users, We are not involved in or a party to the actual transaction. As a result, We have no control over the existence, quality, accuracy, safety or legality of the transactions that take place on our Website or the accuracy of any Supplier listings.

 

4. User rules and responsibilities

4.1 All Users

By using The Wedding Wizard, all Users agree to the following: 

  • Registrations: In order to access and use certain Service(s) and functionality offered through the Website, you must register with and open an account with us. In doing so, please make sure that all of the details that you give to us are accurate and complete, and are kept current and up-to-date whilst you continue to use the Website and the Service(s). You must contact us promptly to inform us of all changes to this information. 

  • Usernames and passwords: Upon registration for an account with us, you will be asked to create a username and password. You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account unless expressly specified otherwise, and accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password. Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us. Any such use will be attributed to you in accordance with these terms and conditions. Usernames and passwords are our property and we reserve the right to alter or replace them at any time at our sole discretion. 

  • You must only use the Website and anything available from the Website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates, including content submitted to the Website (as per the Content section below). You agree not to create an account in another person’s or entity’s name, create more than one account, use another person or entity’s account or impersonate another person or entity. 

  • Unless you are a Supplier, you may only use the Website for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Website on a computer or mobile screen, print and copy individual pages and store such pages in electronic form. 

  • You are not allowed to: 

  • store pages of or datasets from the Website on a server or other storage device connected to a network or create an electronic database by systematically or otherwise downloading and storing any or all of the pages of the Website; 

  • remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted; 

  • inject or subject the Website to any adware, malware or viruses; 

  • create a copy of the Website or a standalone website which impersonates the Website;

  • attempt to access the Service(s) database, user information, passwords or other records relating to the Website except in the normal course of using the Service(s); 

  • access or use the Website in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the Website or interfere with any other party's use and/or enjoyment of the Website; 

  • post or transmit from the Website any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law; 

  • harass, harm or abuse another person, or contact, advertise, solicit, sell to any other person without their prior written consent or transmitting or relaying spam or junk email;

  • attempt to gain unauthorised access to the website, through hacking, password miming or any other means; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way; 

  • use the website to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists: 

  • access or using the Website in and from jurisdictions which restricts or prohibits same by local law; 

  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Wedding Wizard in connection with the Website or the Service(s);  

  • reproduce, duplicate or copy content, look and feel, pictures, or any of our other copyright works and Intellectual property; 

  • "harvest," "scrape," "stream catch" or collect information from the Website using an automated software tool (including but not limited to use of robots, spiders or similar means), or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other Users of the Website and information about the offerings, products, services and promotions available on or through the Website. 

  • We want all Users to feel welcome and included on our Service(s). Accordingly, we prohibit discrimination against anyone, User or otherwise, based on race, colour, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on the Service(s). We will, at our discretion, take steps to enforce this policy, up to and including suspending from our Service(s) those Users who violate this policy. If you experience discrimination with any User, please contact us at info@theweddingwizard.ie, with the subject “Non-discrimination Policy,” so we can investigate and take appropriate measures. We reserve the right to suspend any User’s access to the Service(s) who violates these rules or who engages in offensive and detrimental behaviour, including behaviour that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory or offensive comments on our Website and elsewhere or by taking actions that would tend to reflect poorly on us. 

  • All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them. You agree that we may, in our sole discretion, suspend or terminate your account (or any part thereof) or use of the Service(s) and remove and discard any content within the Service(s), for any reason, including, without limitation: 

    • for lack of use or if we reasonably believe that you have violated or acted inconsistently with these Terms; 

    • if any details you provide for the purposes of registering as a user are or may be false; or

    • if there is any other risk to the security or integrity of our Website or the Service(s).

  • The Wedding Wizard is not obligated to control the use made by the Users of the services it provides and, therefore, it cannot guarantee that Users will use them in accordance with that established in these Legal Terms and Conditions or that they use them diligently and/or prudently although, by using the service and accepting these Legal Terms and Conditions, they undertake to do so.

  • Users can make suggestions or proposals on how to improve the information, activities and/or services included in and/or enabled on the Website by using our Feedback function. Any new features developed based on User suggestions shall be fully owned by The Wedding Wizard and Users shall not have any rights over them.

4.2 Members (Couples and Guests)

By using The Wedding Wizard, Couples and Guests agree with the following: 

  • You are at least 16 years of age and, to the extent you are entering into any legally binding contract with a supplier, you meet the legal requirements to do so. 

  • You acknowledge that, while we use techniques to help verify the identity of Suppliers when they register on our Website, we cannot and will not guarantee each Supplier’s identity, capabilities, that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. We do not endorse any particular Suppliers nor do we guarantee the quality of their goods or services. You should use our Website as a starting point for identifying organisations that provide the products and services you need, then conduct your own research to ensure the service providers with whom you choose to do business are appropriate for you. 

  • Members agree to only make genuine enquiries with Suppliers for a real wedding and to do so only if they are willing to speak to the Supplier to discuss details and negotiate the contract. Once the enquiry has been made through The Wedding Wizard, the member will be contacted by the Supplier within 48 hours typically. The Wedding Wizard accepts no liability if, at this stage, for any reason or at the behest of either party, the booking does not go ahead. 

  • Couples are solely responsible for ensuring that all information provided by you in relation to your Wedding is kept up to date in order to avoid any confusion with Wedding Suppliers (e.g. your wedding date). The Wedding Wizard cannot accept responsibility for any miscommunication of information with suppliers. 

  • Members should be informed that certain Suppliers listed on this Website may be located in jurisdictions where insurance is not mandatory in respect of the wedding services they offer.

4.3 Suppliers

By using The Wedding Wizard, Suppliers agree with the following: 

  • You affirm that you are at least 18 years of age and are able to enter into a legally binding contract. If you are agreeing to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, "you" and "your" refer to that company or other entity. We reserve the right to delete your user account at our discretion if we reasonably determine that you are not the authentic owner of a Supplier business. 

  • You acknowledge that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Members. We are not responsible for assisting you in providing goods and services to Members. 

  • You are responsible for all information listed in your Storefront and any other information you provide to us in connection with your profile and listing. You agree to provide us with accurate, complete information about yourself and your business (including listing the correct name of your business on the Website), to update this information promptly as needed and to be responsible for all activity on your account. 

  • You must have the appropriate business registrations and licences, as applicable, to carry out the activities you are promoting on The Wedding Wizard. You must not violate any applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service(s) and your listing, shipping, transporting, and solicitation of offers to ship and transport items.

  • You will respond to all enquiries and communications with Couples on The Wedding Wizard within 48 hours. Our algorithm for search result listings and Suppliers’ ranking in those listings takes into consideration response times (so, all else being equal, the quicker you respond the better you will place in the listing). You acknowledge that the placement and ranking of your listing in search results on The Wedding Wizard may vary and depend on a variety of factors, including Members’ search parameters and preferences, and your response time to Members with whom you interact on the platform. 

  • By receiving an enquiry on The Wedding Wizard, Suppliers understand that this does not constitute a booking and that no booking has been made until the budget and contract has been agreed between both parties. 

  • When you accept a booking request by a Member, you are entering into a legally binding agreement with the Member and are required to provide your Service(s) to the Member as described in your Storefront and/or agreement with the Member when the booking request is made. You also agree to pay the applicable Wedding Wizard Fee and any applicable Taxes (these are discussed further in the 'Fees & Payments' section below). 

  • Any terms that you provide to a User shall not conflict with these Terms. 

  • Couples can make payment to the Supplier when a budget is agreed between the parties on The Wedding Wizard.

  • Where a couple hires and subsequently creates a budget with a Supplier. The Supplier accepts that:

    • The Supplier should approve or reject the budget within 72 hours. In approving a budget, the supplier can adjust the VAT rate on each line item in the budget.

    • Failure to approve or reject the budget within 72 hours will cause the budget to be automatically approved (or agreed). The VAT rate applied on each line item in the budget will be the Suppliers typical VAT rate as set out in the Business Details page in the Suppliers profile.

  • The Wedding Wizard is a premium service. Nevertheless, Members should pay the lowest price possible for their product and service of choice. As such, Suppliers will ensure Couples will receive the same price that may have been achievable having sourced the Supplier through a different means, other than The Wedding Wizard. We reserve the right to remove Suppliers who do not abide by this rule.

  • The content you submit and display on the Website is yours or you have the appropriate rights to display it (in line with our Content Policy discussed below). You must not include promotional text or endorsements in your storefront name or your Storefront pictures.

  • Pictures, animations, videos or audio files (collectively referred to as “Media”) used in your Storefront must accurately reflect the quality of your products and services. We reserve the right to require that Suppliers have a minimum number of Images of a certain format, size and resolution.

  • You must not “Farm” out Member leads (i.e., taking Member leads provided to you and transferring them to others), nor should you discourage, either through the Service(s) or otherwise, any Member from hiring other Suppliers. 

  • We may offer different types of paid and free memberships or subscriptions.  Unpaid Supplier memberships do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or cancel any such unpaid supplier memberships. 

  • We may also offer memberships or subscriptions for which a Supplier pays ("Paid Subscriptions"). Should that arise additional terms and conditions may apply to such Paid Subscriptions and are made a part of this Agreement by reference. If there is a conflict between this Agreement and the terms for any service offered on or through the Website, such as Paid Subscriptions, the latter terms shall prevail. 

  • If you are a Supplier and experience a dissolution, merger or other significant change in personnel (e.g., sale of the company), then we, at our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all User reviews and other Website Content previously associated with such account. You should notify us immediately of such an instance. 

  • Your membership on our Website may not be transferred or sold to another party.

 

5. Access to the Website

We do not guarantee the continuous, uninterrupted, error-free operability or effectiveness of the Website. There may be times when certain features, parts or content of the Website, or the entire Website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, enhanced, suspended or withdrawn by us, at our sole discretion, without notice to you. We may impose limits on certain features of the Website or restrict your access to parts or all of it without notice or liability. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website. 

We are not responsible for any data you lose as a result of a malfunction of the Website or for any other reason or any consequential damages resulting from such data loss. You should always keep a back-up copy of all such information on your computer and in hard copy. 

It is your responsibility to ensure your equipment (e.g. computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website; for adequate protection and back-up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items. You are responsible for any fees or charges incurred to access the Website through an Internet access provider or other third-party service.
 

6. Content

We may change the format and content of the Website from time to time. You agree that your use of the Website is on an ‘as is’ and ‘as available’ basis and at your sole risk. 

Whilst we try to make sure that all information contained on the Website (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. Except to the extent expressly set out within these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content. 

We cannot and do not guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

6.1 User Content

The Website will, from time to time, allow you to upload user-generated content (“User Content”) and will also allow you to communicate that content, either to selected recipients or in public areas, such as in our Supplier Storefront, and/or messaging forum (collectively “User Content Areas”). We do not control the material submitted to User Content Areas (collectively “User Submissions”), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views. 

Photographs and other information submitted by the Couple or their Guests to the ‘My Guests’ area shall be solely owned by the Couple. The Wedding Wizard shall not use them without the Couples express consent. All the photographs deleted by the Couple shall also be deleted from the Website's system, so they shall be inaccessible. Just like any other User Content, the Guests (or Couple) undertake not to take photographs which may harm the image, privacy or honor of the other guests at the Wedding, expressly holding, in any case, the Website harmless against any claims filed by third parties in relation to this.

By posting User Content, you expressly represent and warrant that you are the owner, with all appurtenant rights thereto, of any and all User Content. You further represent and warrant that all persons and entities connected with the User Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services, and materials have been used in the User Content or its exploitation, have authorised the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the User Content and the rights granted herein, including parental or legal guardian approval with respect to children under 18 years old. 

Users are solely responsible for their User Content. We do not control the User Content. We are not a publisher of User Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your User Content. The Wedding Wizard can accept no responsibility for User Content posted to the Website. 

If you participate in any User Content Areas, you must: 

  • keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic; 

  • not submit any User Submission that may cause harm, is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, discriminatory, offensive or which infringes on the intellectual property rights or other rights of any third party; 

  • not submit any User Submission that contains your personal information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate, or that contains another person’s personal information or otherwise invades another’s privacy; 

  • not submit any User Submission that advertises the products or services of others or contains links to third-party web sites or solicits business for products or services other than those that are offered and promoted on the platform; 

  • not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive element; 

  • not impersonate, or misrepresent an affiliation with, any person or entity; and 

  • not use our Service(s) solely for storage purposes and in the event that your user account is deactivated (either by us or you), deleted or blocked in accordance with these terms and conditions, your User Submissions or other content which has been uploaded to the Website will no longer be available and we will not take steps to retrieve such content for you. 

Complaints about the content of any User Submission must be sent to info@theweddingwizard.ie and must contain details of the specific User Submission giving rise to the complaint. We reserve the right, but are not obligated, to remove User Content from the Service(s) for any reason, including content that we believe violates these Terms.

6.2 Our licence to User Submissions

You agree that, by submitting any User Submissions, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submissions (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission. Whilst we do not pre-screen User Submissions, We reserve the right, in our sole discretion, to delete, edit or modify any User Submissions submitted by you at any time without notice to you. 

You also represent and warrant that you are the legitimate and rightful grantee of a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute your User Submissions. 

If you are a Supplier, after your relationship with us is terminated for any reason, we shall be entitled to retain and display all reviews associated with you on the website as well as basic directory information, including, without limitation, business name, the services you offer, mailing address, website address and telephone number.

 

7. Intellectual Property Rights

Our Service(s) contain copyrighted material, inventions, know-how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, “Intellectual Property Content”). Unless otherwise indicated and/or provided pursuant to a third-party license, our Intellectual Property Content is our sole property, and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the “look,” “feel,” “appearance” and “graphic function” of this Service(s), including but not limited to its colour combinations, sounds, layouts and designs. 

All intellectual property rights in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us (for example photographers who have granted us a license to show their photographs). 

Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us and you acknowledge that you do not acquire any ownership rights by downloading content from the Website. In the event you print off, copy or store pages from the Website (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced. 

We take the misappropriation of our intellectual property rights by any user or other third party seriously and will take steps to enforce our legal rights in the event we reasonably deem any such misappropriation has occurred through our use of the Service(s) or otherwise on the Website. 

By submitting any User Submissions (as defined above) or any content to be used on the Website, you agree to the following: 

  • if and to the extent that any content provided by you contains any material that is subject to a third party’s intellectual property rights or other proprietary rights, you will have obtained all necessary permissions to upload all such material (including any required permissions from photographers and any individuals identified in any material submitted to us) and to grant us, our affiliates and licensors all of the licence rights set out in these Terms; and 

  • you will indemnify us, our affiliates and licensees, from all claims, liabilities and losses that arise from: 

  • any claim that any content provided by you infringes the intellectual property rights of a third party or is otherwise illegal or unlawful; 

  • any breach by you of these Terms; and 

  • any breach of these terms by any person accessing the Website under your log-in details.

 

8. Competitions

Here are the rules that apply to all competitions run by The Wedding Wizard. In addition to these rules there may be special terms & conditions which are relevant to individual competitions which will be included in the accompanying communication: 

  • Competitions are open to residents of the Republic of Ireland aged 18 or over; 

  • Competitions may be promoted over several different channels simultaneously; 

  • Only one entry per person per competition can be accepted unless otherwise stated; 

  • Winners will be selected at random except where stated in the individual competitions terms and conditions; 

  • Prizes must be claimed within a reasonable time (typically within 20 days of each draw). Unclaimed prizes will be void and may require the winner to produce photographic evidence of identity; 

  • Void prizes may be included in a second-round prize draw; 

  • All prizes are subject to availability and should any prize be unavailable, a prize of similar price or specification will be substituted. In some circumstances a cash equivalent will be offered where stated in the individual prize draw special terms and conditions; 

  • The Wedding Wizard complies with the Data Protection Act and practices 100% opt-in permission marketing. By entering a competition via The Wedding Wizard each entrant agrees to receive emails and offers as stated in the terms of the Competitions; 

  • Unless otherwise stated, the promoter of prize draws on The Wedding Wizard is The Wedding Wizard Limited; and 

  • Winners may be profiled by The Wedding Wizard and requested to take part in further promotional activities.

 

9. Ratings and Reviews

At The Wedding Wizard, we value the integrity and quality of our Rating and Review system, therefore, if a User undermines the integrity of our Rating and Review system in any way, their membership or subscription may be suspended or terminated. Each Supplier acknowledges that a Rating and Review ("Feedback") consists of opinions left by other Users and a machine calculated feedback score. You further acknowledge that we do not make judgments on the truth or accuracy of opinions or statements. 

Broadly, the feedback rules include: 

  • Users may only leave one feedback item per unique transaction, whether positive, neutral, or negative, for any other Supplier; 

  • The User leaving the review must have conducted business with the Supplier, having ‘hired’ the Supplier on the Website. We reserve the right to request additional information regarding proof of business (if necessary); and

  • By submitting feedback, you agree that feedback may be subject to review by The Wedding Wizard at any time. Any feedback item investigated by The Wedding Wizard may be temporarily or permanently removed. 

To protect the integrity of the Rating and Review system, we may remove a feedback item under the following scenarios: 

  • If feedback contains confidential information about another user or references litigation or court proceedings; 

  • If feedback posted contains language that is profane, vulgar, discriminatory or contains adult material; 

  • If we receive a request from a court of law; 

  • If required pursuant to any claims of Copyright;

  • If feedback posted seeks to elicit or solicit any User's contact information, such as other User email addresses, for any non-Website related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";

  • If we cannot reach the User who left feedback, or the User fails to validate that the business was conducted with the Supplier; and 

  • If feedback contains information that could identify users personally such as full names, date of birth, physical addresses, email addresses, credit card numbers, social security numbers or any other identification number. 

Suppliers will have the ability to contest Feedback before it goes live, details of which will be shared with Suppliers once the Rating and Review system has been finalised. Nevertheless, Users may send an email to info@theweddingwizard.ie to dispute a rating or review. 

We may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our Site, as determined in our sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Rating and Review system.

9.1 For Suppliers

You acknowledge and agree that the Website is a neutral venue and that all transactions for Service(s) are made by and between you and other Users only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the Website is the ability of Users to leave Ratings and Reviews about you and/or your services (whether positive, neutral or negative) and for other Users to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the Website, you shall not: 

  • Attempt to restrict in any way a User's right to post a review, by contract or otherwise; 

  • Offer a User cash or other compensation or thing of value in any form in exchange for a more favourable review; 

  • Post and/or cut and paste and/or copy the content of a User feedback review from the Website to your own personal or business site, to any other third party website and/or to or on any of your own personal, business or third-party marketing/advertising materials, regardless of the form, unless agreed otherwise with us in advance; 

  • Attempt to gain feedback by receiving multiple feedback from the same user; 

  • Post or attempt to post, in any manner or by any means, a feedback review on your own account; 

  • Misrepresent or impersonate another member

 

10. Fees and Payments

The Wedding Wizard is an innovative wedding marketplace, with some new payment features aimed at facilitating all aspects of weddings, such as: 

  • Suppliers can be paid by Couples through The Wedding Wizard; and 

  • allowing Couples to make payment to all their wedding suppliers in one place, and facilitating suppliers to get paid online, and - very soon Couples can receive 'cash' gifts from their Guests through The Wedding Wizard.

10.1 Members

There are no minimum fees for Members to join our Website. Optional fee-based Service(s) may become available but participation will not be mandatory. 

If, as a Couple, you choose to use the 'Cash Gifting' feature (when it comes online), you agree to the following: 

  • the Cash Gifting Services provide links and interfaces to third-party payment processors such as Stripe (“Payment Processors”) that may permit Users (e.g., wedding guests and other gift-givers) (each, a “Gift Giver”) to send funds to other Users (e.g., couples) or, in the future, third parties (e.g., charitable organizations selected by a User) (each of the foregoing, a “Beneficiary”). You acknowledge that while we provide links to such Payment Processors, we do not control and are not responsible for payments made or received through such Payment Processors; 

  • any use of Payment Processor services by you: 

    1. will require the setup of an account with the Payment Processor, the exact requirements for which will be set out in the Cash Gifts section when live, and represents and warrants that all such information provided therein will be true, correct, and complete; 

    2. will be subject to any fees provided by the Payment Processor and The Wedding Wizard,  

    3. is at your own risk; 

    4. is subject to your agreement that we are not responsible for any fund transfers or anything else arising from or related to the services provided by a Payment Processor or third-party; and 

    5. is subject to these Terms. 

  • the Cash Gifting Service is a feature offered as a convenience to Users. Without limiting any other rights we have set forth herein we reserve the right to suspend, terminate, freeze or close any account in accordance with the terms of the section ‘Suspension or Termination of Access’ below. Accounts may be frozen at the sole discretion of us or the third-party service provider until a review has been conducted and the validity of the account is confirmed. 

  • Users acknowledge that they are submitting payment directly to the Beneficiary (via a third-party payment service or any other payment method) and therefore we are not responsible for lost payments, identity theft, fraud, or refunds.

10.2 Suppliers

At present, there is only a minimal account validation fee to register with and list on The Wedding Wizard marketplace. Initially the validation fee is €49.95 (plus VAT), this is an introductory offer and may be changed at our sole discretion. 

As a member of The Wedding Wizard marketplace (the "Marketplace"), Suppliers agree to (i) connect their Stripe account to The Wedding Wizard’s Stripe Connect platform, and (ii) The Wedding Wizard fees, only payable when Suppliers earn income on or use the Marketplace payments feature, as outlined here. 

Outlined below is an overview of the marketplace fees and how they apply on The Wedding Wizard, for illustrative purposes. If the terms described below conflict with The Wedding Wizard fee structure (as per the page linked in the previous paragraph), the latter shall apply: 

  1. Commission: For any Couple sourced on The Wedding Wizard, the Supplier agrees to pay (i) an upfront commission of 3.55% (plus 23% VAT) on the total amount contracted (ex-VAT) with the User,  payable to The Wedding Wizard, and (ii) Stripe fees. 

The entire commission will be deducted from the first payment on The Wedding Wizard, with Stripe deducting it and redirecting it to The Wedding Wizard automatically. As a result, there will be no further commission on any subsequent payment for the services in question on the Marketplace. We reserve the right to charge our commission offline, whereby we will issue an invoice for our commission to the business email we have on file or by post. You will have 30 days to settle this invoice, otherwise your listing on the Marketplace may be suspended. 

A Couple is deemed sourced on The Wedding Wizard if: 

  • they have made an enquiry on The Wedding Wizard (using the Enquire Now feature on the Supplier Storefront), and subsequently engage the Supplier; or 

  • the Couple or Supplier, whoever creates the dedicated 'hired' wedding page, indicates the relationship was first established or found on The Wedding Wizard. 

  • Facilitation fee: Where a Couple is not sourced on The Wedding Wizard, they can still make payments to the Supplier on The Wedding Wizard. In this scenario, we will only charge a facilitation fee on the specific amount being transacted (ex-VAT). The facilitation fee will initially be 3.55% (plus 23% VAT) of the amount being paid (ex-VAT). Stripe will also have a fee at the relevant Stripe rate.  

  • Premium services: If, having introduced a fee-based premium service, you opt-in, such premium services will be subject to additional terms. You irrevocably and expressly authorize us to debit or credit, as applicable, any monies to the account that you have identified. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us (us will mean, at least initially, a third payment processor with whom we have a relationship) while engaging in fee-based activities on our Website. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below and we may suspend or terminate your access to any such fee-based program upon any payment default. 

We may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in our sole discretion. In order to optimize the Website, we are constantly testing new initiatives and product offerings and may change the operation of the Website, including the order and manner in which advertisements appear on it, the way that services are delivered, and the way that new customers are charged for services. You agree that we may test, implement, remove or modify features on this Website at any time without notice. 

You irrevocably and expressly authorise us to withhold any monies and/or debit any monies from any account that you have identified for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to us. We reserve our rights to all actions and remedies in connection with any monies owed to us. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.

10.3 Billing Policies

You are responsible for all charges incurred under your account made by you or anyone who uses your account. You are responsible for paying any and all applicable fees as set forth in any agreement entered into (i) through the Website or (ii) by clicking through to another digital property or mobile application that requires payment, and applicable taxes associated with the Website in a timely manner with a valid payment method. Unless we state in writing otherwise, all fees and charges are non-refundable and all fees are quoted in Euro. All payments must be made by the methods specified within the Website. Your account may be deactivated without notice to you if payment is past due, regardless of the outstanding amount. 

If you want to use a different debit or credit card, or there is a change in debit or credit card validity or expiration date, or if you believe someone has accessed the Website using your user name and password without your authorization, you must contact info@theweddingwizard.ie. 

If for any reason, any fees you owe us have not been received or in any manner realised by us ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. In addition, we may charge interest, in the amount of 2% per month (or the maximum amount allowed by law if lower), on any unpaid account balance that you maintain. Any partial payments made by Users will first be applied to the most recent fees owed to us, including interest. We reserve the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any legal fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorise us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. Notwithstanding the foregoing, the Company agrees that it will not charge any late fees or interest to a User’s credit card.

10.4 Taxes

Each Supplier is responsible for determining what, if any, taxes are applicable to any transaction offered via the Website and to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. We have no obligation for withholding, collecting, reporting, or remitting any value-added, sales or similar taxes arising from any transaction you complete using the Website or the Payments Services. If we are required to withhold any taxes, we may deduct them from amounts otherwise owed and pay them to the appropriate taxing authority. Suppliers agree to provide tax information reasonably requested by the Company. We reserve the right to provide information requested by Tax authorities.

10.5 Payment Processors

Purchases made through the Website may be processed through a third-party payment processor or other payment service provider (each, a "Payment Processor"). If applicable, you may be provided with a notice when entering your payment information directing you to such Payment Processor’s terms of use and privacy policy. All payments are governed by the Payment Processor’s terms of use and privacy policy. 

For any Member to use the Marketplace or Cash Gifts services (together "Payment Services"), you must have a method to receive payments with a Payment Processor on file with us, thereby authorising us to initiate transactions on your behalf. You can connect an existing Stripe account or create a new one. You are solely responsible for the information that you provide and neither the Website nor the providers of the Third-Party Services are liable for any loss or liability incurred by you as a result of incorrect information. You agree to keep your payment information up to date. You agree that the Connected Account Agreement with Stripe may give Stripe the right to take certain actions, such as suspension or termination of Stripe services, or imposition of refunds, debits, chargebacks and fees that may affect the Supplier’s use of the Payment Services.

10.6 Erroneous Transactions

Users are responsible for knowing whether a transaction initiated by a party using the Payment Services is erroneous or suspicious (an unusual number or size of transactions or a request from a foreign country). If you are not sure whether a transaction is erroneous or suspicious, you should research the transaction and contact the User before completing it. Each User is solely liable for all losses incurred due to erroneous, suspicious, or fraudulent transactions made using the Payment Services. Users should always safeguard their credentials and never allow any third party to use them or act as you. Users are responsible for any activity initiated by itself, its representatives or anyone using its credentials. Users are liable for any losses incurred by us through the use of User’s credentials. 

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement. Users will look solely to other Users (including Suppliers) to resolve any payment errors made by such User, and we will have no liability for such errors.

10.7 User Representations

By entering information (including, without limitation information associated with credit or debit cards or bank accounts) into the Payment Services or the Website and initiating a payment, a User: (a) represents and warrants that such information is correct and that it is authorised to provide such information and conduct the transaction, and that providing such information or conducting transactions using the Payment systems does not violate any law or regulations or rights of a third party; and (b) authorises us and Third-Party Services associated with the Payment Services to (i) utilise such information in relation to the Payment Services, and (ii) charge the payment method indicated. If We are unable to process the payment at the time initiated, We may process it later. Once your transaction is complete, We will send you a receipt via email.

10.8 Liability

Each User is responsible for any activity initiated by itself, its representative or anyone using its credentials and is liable for any losses incurred by us through the use of our credentials. You should conduct any investigation necessary of any Supplier before initiating a payment through the Payment Services. You agree that neither the Company nor its Third Party Services shall be liable for the actions or omissions of Users using the Payment Services or the Website or for any losses resulting from User's acts or omission relating to the goods, services, or events contemplated, arranged or contracted for using the Payment Services.

10.9 Refunds

Members may only cancel or seek refunds for payments made using the Website or Payments Service in accordance with the Suppliers own refund policy, directly with the Supplier. Otherwise, the Member agrees that ALL TRANSACTIONS USING THE SITE AND PAYMENTS SERVICE ARE FINAL and no returns, refunds, or cancellations may be made through the site.

10.10 Indemnification

Members agree to indemnify, defend and hold harmless the Company, its affiliates, and their respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable legal fees, due or related to, or arising from, in any manner, in whole or in part: (a) your breach of any of the Terms of Use relating to the Payment Services; (b) your improper use of the Payment Services; (c) our collection of taxes relating to the Payment Services; and (d) your breach of any laws, regulations, or third party rights in use of the Payment Services.

 

11. Data Protection

Data protection is extremely important to us, and we are committed to protecting your (and all our Users) privacy and have completed a Data Protection Impact assessment to ensure we cover all aspects when it comes to data protection and GDPR. 

We have in place appropriate technical and organisational measures to ensure the security of all data submitted to us, from developing our platform within OWASP best practices for security of software and leveraging best in class providers to ensure we have the technical capability to protect your data, from AWS to Stripe, to Sendgrid and Hubspot, amongst others. 

Although The Wedding Wizard will make its best efforts at all times to respect your privacy, you should not provide any information that may cause your personal damage if made public. 

Information sent over the Internet cannot be guaranteed to be completely secure as it is subject to possible interception, loss or alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the Internet and will not be liable to you or anyone else for any damages or other loss incurred in connection with any information sent by you to us or to a User, or any information sent by us, a User or any third party to you over the internet.

11.1 Your Personal Information

Use of your personal information submitted to us or via the Website is governed by our Privacy Notice. We comply with the requirements of the Data Protection legislation in force and the current data protection principles in relation to personal data and will maintain internal records in order to be able to demonstrate this. 

As a user of our Services, you acknowledge the processing by us of your personal data to enable us to carry out the Services. 

We do not specifically request “sensitive” personal data and will only collect it if you choose to provide it to us. Sensitive personal data includes information about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions or information about an individual’s health. Where you choose to provide us with “sensitive” personal data, we will take this as a clear affirmative action signifying your agreement to the processing of “sensitive” personal data for the provision of our Services. You can ask us to stop processing this type of data at any time.

11.2 Data / Information belonging to others

Where you provide us with information or data that relates to another individual, you agree that you have all necessary authority or consent of that individual to enable us to process their personal data in the provision of the Services. Unless you ask us to do so sooner, when your user account is deleted, we will delete all reference to data held about these individuals unless the law requires us or there is a legitimate commercial reason to keep such data within our records. You can also choose to delete this data yourself at any time. 

We will only process this personal data belonging to others, on your instructions, unless the law requires us to do otherwise and we will only transfer personal data outside the European Economic Area if the party receiving that personal data will treat it to the same standard as the laws dictate in Ireland. 

We will inform you as soon as we can if we become aware of any breach of personal data that might affect you or anyone whose data you have inputted on our system. 

Suppliers are responsible for (i) ensuring data they put into the Website is GDPR compliant, and (ii) protecting data obtained from the Website, Members or Third Party Services from unauthorised use or disclosure and only using it for the purpose for which it was obtained. Suppliers shall notify us of any actual or suspected, loss, breach or unauthorised access to any data obtained from The Wedding Wizard or if it becomes aware of any fraudulent, illegal, abusive, deceptive or unauthorised activity. We reserve the right to access, preserve or disclose information as We believe necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms; (c) detect or prevent fraud, security or technical issues; (d) respond to support requests; or (e) protect the rights, property or safety of our Website, Members or the public.

 

12. External Links

The Website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.

 

13. Emails

By signing up to become a User you agree that we may send you advertisements and/or promotional material by email, including information about enquiries. If you do not wish us to contact you for marketing purposes, you may notify us by following the "unsubscribe" links on email communications or directly at info@theweddingwizard.ie. You cannot 'opt-out' of transactional emails, which are sent to you to notify you of activity on your account on the Website. These are required to provide the Service(s) to you.

 

14. The legal stuff

14.1 Dispute among Users: Release

You are solely responsible for your interactions with other Users, and we are not a party to any such disputes. We reserve the right, but do not have any obligation, to monitor disputes between you and other Users. 

You agree to release us, our officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any third parties or in any way related to goods, services, or events involving third parties. For the avoidance of doubt, any disputes directly with us shall be handled in accordance with these Terms.

14.2 Disclaimer of Warranties

We try to keep the Website up and running and free of annoyances, but we make no promises that we will succeed. THE WEBSITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE WEBSITE, ITS CONTENT AND ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE DOCUMENT PROVIDED, DISPLAYED OR GENERATED BY THE COMPANY, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT: 

  • THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME; 

  • THE WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS; 

  • THE INFORMATION ON THE WEBSITE WILL BE ACCURATE OR UP-TO-DATE; 

  • THE WEBSITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORISED ACCESS; 

  • INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE WEBSITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED; OR 

  • THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. 

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH HEREIN, YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE WEBSITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

14.3 Limited Liability

IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OTHER OF OUR REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE WEBSITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OTHER OF OUR REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR €100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 

FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF THE COMPANY. 

If you are dissatisfied with any aspect of the Supplier service, this must be brought to the attention of the Supplier management immediately and the management should be given adequate opportunity to rectify the situation from the outset. It is not the responsibility of The Wedding Wizard to deal with any complaints regarding the Supplier.

14.4 Indemnity

You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Website, including but not limited to (i) your advertising, provision of or failure to pay for goods or services promoted on the Website; (ii) claims that any of your User Content includes materials owned by third parties without authorisation, was defamatory or harassing, or otherwise violated the rights of any third party or (iii) your breach of these Terms. These indemnification, defence, and hold harmless obligations will survive these Terms and the termination of your use of the Services.

14.5 Governing Law and Jurisdiction

The laws of the Republic of Ireland will govern these terms, as well as any claim that might arise between Users and The Wedding Wizard, without regard to conflict of law provisions. Users agree to submit to the personal jurisdiction of the courts located in the Republic of Ireland for the purpose of litigating all such claims. Notwithstanding this, Users agree that The Wedding Wizard shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The language of any dispute resolution procedure or any proceedings under these terms of use will be English. 

We comply with all applicable laws in Ireland (the “Jurisdiction”), If you are accessing the Website from outside the Jurisdiction, please be aware that The Wedding Wizard has not taken affirmative action to comply with local laws which may be applicable to you as a consumer. To the fullest extent permitted by law, we exclude our liability for any loss or damage incurred as a result of your reliance on consumer laws outside the Jurisdiction.

 

15. Suspension or termination of access

We have the right to deny access to, and to suspend or terminate your access to, the Website, or to any features or portions of the Website, and to remove and discard any content or materials you have submitted to the Website, at any time and for any reason or for no reason and without notice to you. 

Actions that may result in the rejection or removal of your participation can include, but are not limited to, any violation of the Terms of this Agreement; your creation, maintenance and/or management of more than one account; your non-payment in full any unpaid fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; your unethical conduct, to be determined at our sole discretion; or any attempt by you to harass or cause another to harass, or have inappropriate communications with a Member. 

In the event that we suspend or terminate your access to and/or use of the Website, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. We may suspend or terminate your account if We suspect that you have engaged in fraudulent activity in connection with our Website, as determined in our sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Rating and Review System. In the event we suspend or terminate your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Website Content, any unused time on a subscription, any license or subscription fees for any portion of the Website, any content or data associated with your account or for anything else.

 

16. General

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement. If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. 

Failure to Enforce: Our failure to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. 

No Agency: Users hereby agree and acknowledge that their provision of services and/or use of the Website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate us in any manner whatsoever. 

Changes: We retain the right to revise our Website, product and/or service offerings, including the tools made available to you, at any time for any reason including without limitation to comply with any applicable law or regulation. Users agree that we will not be liable to them or to any third party for any such modification, suspension or discontinuance.

 

17. Contacting us

Please submit any questions you have about these Terms or any problems concerning the Website by email to info@theweddingwizard.ie or in writing to The Wedding Wizard Limited, Chapel Cross, Glenbeigh, Co. Kerry, Ireland. 

The Website is operated by The Wedding Wizard Limited. We are a limited company, registered in Ireland. Our registered company number is 640581 and our registered office is at Chapel Cross, Glenbeigh, Co. Kerry.

 

 

 

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