Your Big Day App Ltd - Terms of Service

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Overview

This website is operated by Your Big Day App Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Your Big Day App Ltd. Your Big Day App Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Service Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. Your Big Day is intended for use by adults. We do not intentionally gather Personal Information about persons who are under 18.

You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Consent

By using the Site, you agree to the terms of service, and you expressly consent to the processing of your Personal Information by us or by third parties with whom we have a relationship. Your Personal Information may be processed by us in the country where it was collected, as well as other countries where laws regarding processing of Personal Information may be less stringent than the laws in your country. The legal and governmental authorities in these other countries may have greater access to your personal information than the authorities in your country. In addition, in the event you contact us via telephone, you understand, acknowledge and agree that such phone conversations may be recorded.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Non-Partisan Service

Your Big Day is a hub for wedding vendors and couples. We are not a wedding product or service provider, agent or representative of any vendor or member. We are not involved with or a party to the actual transaction between vendor or wedding couple or individual(s). As a result, we have no control over the quality, accuracy, safety, or legality of the transactions that take place on the Site, the accuracy of listings, or the ability of Vendor Members to provide items or services and We or our affiliates are not responsible for the actions or inactions of Wedding Members or Vendor Members.

Couples and Individuals:

You acknowledge the following: We do not provide any of the products or services advertised or offered by Vendor Members. We do not endorse any Vendor Member, nor do We guarantee the quality of their goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Site are not provided by us and are specifically and solely between you and the Vendor Member. Any transaction you enter into with a Vendor Member is strictly between you and the Vendor Member, and Your Big Day is not a party to that transaction. Any dispute you have with a Vendor Member is between you and the Vendor Member, and We and our affiliates will not be a party to that dispute.

We use techniques to help verify the identity of Vendor Members when they register for memberships on our Site; however, We cannot and will not guarantee any service provider's identity; nor can we guarantee their capabilities. We have implemented a user-managed feedback system to help you evaluate Vendor Members with whom you are considering transacting business. In addition, We cannot guarantee that information provided by or about Vendor Members on the Site is accurate. You should use the Site as a starting point for identifying vendors to provide the products and services you need for your wedding, then conduct your own research to ensure that vendors you choose to do business with are appropriate for you. You acknowledge that participation in certain programs, when and if available, may under certain circumstances result in Vendor Members receiving contact information for you in accordance with the terms and conditions governing these programs.

Wedding Vendors:

You acknowledge the following: We will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Wedding couples or individual(s); nor are We responsible for assisting you in providing goods and services; Vendor Members are the only entities liable for fulfilling any legal requirements applicable to their professional activity; we are not responsible for ensuring that Vendor Members are appropriately licensed. While all couples, individual(s) and vendors are required to give us accurate information about themselves, We cannot and will not verify this information or guarantee the ability of couples or individual(s) to complete payment for any of the products or services you provide. Any transaction you enter into with a couple or individual is strictly between you and that party, and Your Big Day is not a party to that transaction. At any point, whether a vendor is still a subscriber to our service or not, we shall be entitled to retain all reviews associated with a Vendor on the Site as well as basic directory information, including, without limitation, business name, address and telephone number.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Accuracy of Billing and Account Information

We reserve the right to refuse sign up for any vendor, couple or individual(s).

You agree to provide current, complete and accurate billing and account information when signing up and utilizing our services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 6 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 7 - Third-Party Links

Your Big Day features links to outside vendors and distributors. Your Big Day does not sell goods or direct wedding services. We do not sell services or are in association with those selling services via our website directly to wedding consumers, our only service is a subscription to this website for vendors marketing their own services and products.

Third-party links on this site will direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 8 - User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 9 – Submitted Content

The Site offers the opportunity to submit information to the Site through many means, including, without limitation, sharing information with other Members, other message boards and postings, uploading photos, videos, text, comments, posting on social media associated with the Site, Vendor Member advertisements and listings. Any information submitted to the Site, whether by a Member or not, shall be deemed to be "Submitted Information". We reserve the right but not the obligation to monitor profiles, uploads and content made to the site and other submitted information by any other means. Members are solely responsible for the content of their profile and account.

Our Site acts as a portal for any and all communication and/or distribution of information, and We do not control the submitted information of users. We cannot and will not evaluate and We are not responsible for the accuracy, reliability, completeness, veracity or suitability of any submitted information or for verifying the identity of the submitting user. Like any information you obtain through the Internet, you should verify all site, and third-party information before acting upon it. Your Big Day is not responsible for any losses you may incur as a result of relying on user generated information on our site or links, even if Your Big Day or associated/affiliated staff, directors or related parties were advised of the possibility of such losses.

By posting information, (including but not limited to text, images, videos and/or reviews/ratings) to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us and our affliates an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, telecommunicate, reformat, translate, excerpt (in whole or in part) and distribute such information for any purpose and in any format on or in connection with the Site, our business, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such information and promotion, and to grant and authorize sublicenses of the foregoing. You acknowledge that we or our affiliates may retain archived copies of your information and may continue to use your information in connection with any materials that were created prior to your removal of your information, in accordance with the license described above.

Furthermore, by posting or submitting information, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the Site; or (ii) 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 such communication, content and/or information. You furthermore represent and warrant that all persons and entities connected with the Submitted Information, and all other persons and entities whose names, voices, photographs, likenesses, works, services and materials have been used in the Submitted Information or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Information and the rights granted herein.

You agree that your Submitted Information:

You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for and will indemnify Your Big Day, and its affiliates, officers, directors, employees, shareholders, and agents from, all damages incurred as a result of any of your information.

Section 10 - Personal Information

Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, or general information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have signed up for our service).

We undertake no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Your Big Day App Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Section 14 – Cancellation

You can cancel your subscription to Your Big Day at anytime for any reason. Any images uploaded to your Vendor Profile will be deleted immediately. Your data however will remain in our system (though not visible to the public).

Alternatively you can pause your profile which will keep your images and account information in our database for a period of 6 months. You can restart your account within a 6 month period. If the account is not restarted within this time, then after 6 months your account images will be removed.

Cancelled Profiles can be reactivated by re-entering payment informations and restarting a paid subscription.

Section 15 - Indemnification

You agree to indemnify, defend and hold harmless Your Big Day App Ltd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 16 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 17 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 18 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 19 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia, Canada.

Section 20 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 21 - Contact Information

Questions about the Terms of Service should be sent to us at [email protected].