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Terms & Conditions
Introduction
These are the terms and conditions of use for WedWise (Website and App). The Website and App is operated by WedWise (Pty) Ltd (WedWise, we, us and our). These terms govern your access to and use of the services. If you want to use our website and app or other services as operated and made available by us from time to time you have to agree to these terms and you acknowledge that these terms form a legally-binding contract between us and you. If you do not want to be bound by these terms, then you should not use the website and app or the Services.
Your use of the Website and App and the Services will be subject to these terms and conditions and by using the Website and App you agree to be bound by them. The services we offer through the Website and App are provided subject to these terms and conditions.
We reserve the right to change these terms and conditions from time to time by changing them on the Website. These terms and conditions were last updated on 18th May 2020.
Our service
We provide a comprehensive online wedding planning resource service which helps users to find inspiration, plan and co-ordinate their wedding (“Services“). It is currently free for you to register with us, set up your dashboard and use our Website and App and Services to help you with the planning of your wedding day. The Service is available to both individuals who are planning their wedding day and also to Wedding Vendors (“Vendors“) who wish to be listed in the Vendors directories as part of the Service (together “users“). We may in the future charge fees for our Service and you will have the opportunity to review and accept such fees prior to incurring any costs.
We do not control the material submitted to the Website and App by users and, in particular, we do not control the ratings and reviews that our users give of Vendors.
We do not vet any Vendor and you acknowledge and agree that you, and not we, are solely responsible for any conclusions you may draw from any Vendor profile, rating or review of any Vendor appearing on the Website and App.
We warrant that we will provide the Service with reasonable skill. You acknowledge and agree that you are solely responsible for all use you make of any Service. Except as set out herein, to the fullest extent permitted by law, all implied warranties, practices, conditions, assumptions of fitness for a particular purpose or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using or relying on this Service.
We comply with all applicable laws in the South Africa (the “Jurisdiction”), accessing the Website and App from outside the Jurisdiction is not permitted, please be aware that WedWise 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.
We do not accept any responsibility or liability for issues arising with your wedding, whether directly or indirectly caused by the Vendors, tools or other functionality made available to you via our Website and App.
Registration
In order to access and use certain Services and functionality offered through the Website and App, 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 App and the Services. 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 in our sole discretion.
You must cease to use and delete the password from any of your records upon expiry or termination of your account with us for whatever reason.
Please notify us immediately via our Website if anyone else has become aware of your ID in circumstances in which there is a risk of misuse or if you have any reason to believe that there is any other risk of any unauthorised use of your account.
You agree that we may, in our sole discretion, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, 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 and conditions;
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 and App or the Services.
Vendor responsibilities
If you are a Vendor using the Website and App and the Services, the following terms set out in this paragraph shall also apply to you in addition to the rest of these terms and conditions. You should only register as a Vendor in your capacity as acting wholly or mainly in the course of a business, trade or profession. As part of our agreement with you, you confirm that this is the case and warrant that you are the genuine owner of the good and/or services which you supply, or are authorised on behalf of the Vendor concerned (for example if you are an employee of or consultant engaged by the Vendor concerned), to register on the Website and App or to claim the relevant listing and profile on the Website and App. 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 Vendor business.
You will need to complete or claim your listing on the Website and App during the registration process, and complete all necessary information relevant to your business. You are responsible for all information listed in your profile page and any other information you provide to us in connection with your profile and listing. We may, in the future, choose to charge fees for our Service and you will have the opportunity to review and accept such fees prior to incurring any costs.
We may impose limits on certain features of the Website and APP or restrict your access to parts or all of it without notice or liability.
If you are a photographer (or any other Vendor) sending images or other content to us for use either in Vendor listings (whether for your own listing or that of another Vendor) you must comply with the following:
You warrant that you are fully authorised and entitled to submit the photographs or other content to us for use on the Website and App, in respect of all rights in the work concerned, including ownership, copyright, moral rights, the rights of people, names, trademarks, designs or works of art depicted in the photographs or other content, and that no further permissions or conditions are required in order for us to use the photographs or other content including, for example, from the bride and groom or any other individual identified in such photographs.
You warrant that you have full permission to enter and reproduce an image of the person(s) featured in the photograph (if applicable). If a photograph or other content submitted to us contains an image of a minor (person under the age of 18) then you hereby confirm that you have obtained the consent of the minors’ parent or legal guardian.
You agree that your photograph or other content which is submitted to us shall be subject to the terms of the grant of licence to us in the User Content paragraph below.
What you are allowed to do
Unless you are a Vendor, you may only use the Website and App for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Website and App on a computer screen, mobile screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Website and App and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
store pages of or datasets from the Website and App 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 and App;
remove or change any content of the Website and App or attempt to circumvent security or interfere with the proper working of the Website and App or the servers on which it is hosted;
create links to the Website and App from any other website, without our prior written consent;
link to any photographs from the Website and App without our permission;
inject or subject the Website and App to any adware, malware or viruses;
create a copy of the Website and App or a standalone website which impersonates the Website and App;
attempt to access the Service database, user information, passwords or other records relating to the Website and App except in the normal course of using the Service;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by WedWise in connection with the Website and App or the Services; and
reproduce, duplicate or copy content, look and feel, pictures, or any of our other copyright works and Intellectual property.
You must only use the Website and App and anything available from the Website and App 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.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
Access to the Website
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Website and App and is compatible with the Website and App.
We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire Website, and App to users who have registered with us.
We do not guarantee the continuous, uninterrupted or error-free operability of the Website and App. There may be times when certain features, parts or content of the Website, or the entire Website, and App become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. 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 and App, or any features, parts or content of the Website and App.
Intellectual property rights
All intellectual property rights in any content of the Website and App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors (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 or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Website and App. In the event you print off, copy or store pages from the Website and App (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 or otherwise on the Website and App.
By submitting any User Submissions (as defined below) or any content to be used for our Website or App, 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 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 and App under your log-in details.
Content
We may change the format and content of the Website and App from time to time. You agree that your use of the Website and App 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 and App (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except to the extent expressly set out within these terms and conditions, 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 App 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 and App or relying on any of its content.
We cannot and do not guarantee that any content of the Website and App 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.
User Content
The Website and App may, from time to time, allow you to upload user-generated content (User Content) and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments pages and/or message boards (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.
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 is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive elements;
not submit any User Submission containing any form of advertising; and
not impersonate, or misrepresent an affiliation with, any person or entity.
You agree that, by submitting any User Submission, 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 Submission (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 Submission submitted by you and/or to close any topic, at any time without notice to you.
You may not use our Service 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 and App 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 to info@wedwise.co.za and must contain details of the specific User Submission giving rise to the complaint.
Acceptable Use
You agree that you will not, nor allow anyone else to, use your account or any Service:
to access or attempt to access any Service which you are not authorized to access (whether by purchase, subscription or otherwise);
to interfere with or disrupt the provision of any Service or use any Service in a way that interferes with anyone else’s use of any Service;
to further any criminal or fraudulent activity or to impersonate another person;
to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights);
otherwise in breach of any acceptable use guidelines that we may issue from time to time;
to attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software used by WedWise in connection with the Website and App or the services.; and
to assist or allow reproduction, duplication or copying of content, look and feel, pictures, or other copyright works and Intellectual property of WedWise.
We will determine, in our discretion, whether there has been a breach of acceptable use through your use of our Website and App. When a breach of these terms and conditions has occurred, we may take such action as we deem appropriate.
Failure to comply with acceptable use constitutes a material breach of these Terms and Conditions upon which you are permitted to use our Website and App, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our Website and App;
Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website and App;
Issue a warning to you.
Bring legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach or take further legal action against you; and
Disclose such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of acceptable use. The responses described in these terms and conditions are not limited, and we may take any other action we reasonably deem appropriate.
Companies, partnerships, and other entities or businesses providing or intending to provide a Similar Offering to WedWise, as well as their employees, agents, directors, or contractors, whether based in the South Africa or anywhere in the world, do not have permission to use or access the Website and App or Services for the purposes of establishing, offering, providing, improving or comparing the Similar Offering. Any breach of this condition, without our prior written permission, will be a breach of acceptable use and WedWise reserves all rights in relation to such breach, including to remove or refuse access and/or to suspend or disable profiles or accounts or further action.
A Similar Offering means the provision of online wedding planning tools, wedding vendor directories, or confusingly similar services to WedWise, internationally or in South Africa.
Your personal information
Use of your personal information submitted to or via the Website and App is governed by our Privacy Policy updated from time to time.
We are committed to protecting your privacy. We comply with the requirements of the data protection legislation in force from time to time and the current data protection principles in relation to personal data and will maintain internal records in order to be able to demonstrate this. We have, in place appropriate technical and organisational measures to ensure the security of all data submitted to us. 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 may ask you to sign further documents permitting us to process personal data for the purposes of providing you with the Services and we may not be able to provide those services until we have received such signed documents or certain data from you.
We will only collect “sensitive” personal data if you choose to provide it to us. We take particular care of this information. 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.
Data/information belonging to others
Where you provide us with information or data (including sensitive personal 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 (including their “sensitive” personal data to the extent that it is provided) 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 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 written instructions, unless the law requires us to do as the laws dictate in South Africa.
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 who’s data you have inputted on our system.
External links
The Website and App 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.
General
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under South African law, be limited or excluded.
These terms and conditions shall be governed by South African law, and you agree that any dispute between you and us regarding them or the Website and App will only be dealt with by the South African courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
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.
Contacting us
Please submit any questions you have about these terms and conditions or any problems concerning the Website and App by any of the following means:
via the Website;
by email to info@wedwise.co.za
Purpose of this privacy notice
This privacy notice aims to give you information on how WedWise collects and processes your personal data through your use of our website and app or otherwise when you communicate or interact with us.
This website and app is not intended for children and we do not knowingly collect data relating to children.
The data we collect about you
For Wedwise Subscribers:
For Wedding vendors of Wedwise:
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
To provide the services to you in accordance with our website and app terms and conditions; or
Where it is necessary for our legitimate interests (or those of a third party) and we have made an assessment that your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
WHEN DO WE COLLECT YOUR PERSONAL INFORMATION and why we collect it?
We collect your PI when you:
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
Media
If you upload images to the website and app, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website and app can download and extract any location data from images on the website and app.
Contact forms
Personal data, such as name and contact details, are captured when someone a user submits the contact form. This information is kept on our website and app database for up to 12 months. This information is only used to contact and quote the user, based on the enquiry submitted. Information will not be used for marketing purposes.
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
We also collect your PI using cookies about when and how you use our websites, apps or when you click on an advert of ours that is contained on another website. A cookie is a small text file that is stored on your computer or mobile device when you use it.
Cookies hold information such as the identity of the computer or device you used to access our Channels, your server address, domain name, the time and date that you visited our Channels, pages, product and documentation that you accessed or viewed and which internet browser you used. We do this so that we can provide you with more personalised service, communication and products by better understanding your browsing and behaviour; track, count and analyse website and app visits and usage data; understand product preferences and popularity; improve our websites and your online shopping experience. We use trusted third-party services including Google Analytics that collect, monitor and analyse our users’ usage.
To prevent your PI from being used by Google Analytics you can install an opt-out browser add-on (visit https://tools.google.com/dlpage/gaoptout for details). Most web browsers can be adjusted to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Refusing a cookie may, in some cases, preclude you from using, or negatively impact, the display or function of our websites or certain areas or features of our websites.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Third-party links
This website and app may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website and app, we encourage you to read the privacy notice of every website you visit.
Data Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Contact Us For More Information:
Privacy Policy Updates
This Privacy Policy is effective as of 18 May 2020. The latest version of our Privacy Policy is always available on our Website and App. We may need to update or change our Privacy Policy from time to time, this is at our own discretion. Should you have any enquiries in regards to our privacy policy or website and app usage, please contact us.
Email:info@wedwise.co.za
