Vendor Terms and Conditions
LAST UPDATED: July 12, 2022
1. Accepting the Terms and Conditions.
Welcome to https://www.weddiz.com/. (the “Site”) In case you wish to become a Vendor and to use this Site for commercial purposes (a “Vendor” or “You”) you must create an account and agree to the terms set forth herein.
Please read these terms and conditions carefully before using this website, and check them periodically for changes.
2. The Service.
Weddiz is visual directory.The access and use of the Site is permitted only as long as you are in compliance with these terms.
TO THE EXTENT YOU USE THE SITE TO CONNECT WITH AN END USER, PLEASE NOTE THAT WEDDIZ IS NOT PARTY TO ANY TRANSACTION BETWEEN YOU AND AN END USER, NOR ANY OTHER THIRD PARTY, AND IS NOT ACTING AS ANY OTHER PARTY'S AGENT. FURTHER, WEDDIZ HAS NO CONTROL OR RESPONSIBILITY OVER ANY END USER OR THE INFORMATION PROVIDED BY YOU, ANY OF THE SERVICES PROVIDED BY YOU, THEIR QUALITY, ANY OF YOUR PRODUCTS, OR THEIR PRICE.
The services provided by You to any end user may be subject to other agreements and policies to be agreed between such end user and you.
You understand and acknowledge that Weddiz allows end users and other users to post content about your business, including ratings and reviews. You agree that you will not, or will not assist, incentivize, encourage, or enable others to post any fake or defamatory reviews, post on behalf of an end user or other party, trade reviews with other users or end users, or compensate someone or be compensated to post, refrain from posting, or remove a review. You understand and acknowledge that Weddiz may employ automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently. You understand and acknowledge that while Weddiz tries to identify and suppress potentially less helpful reviews, Weddiz may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of any paid features from Weddiz will not allow or enable you, directly or indirectly, to alter reviews or impact whether reviews appear. Weddiz may for any or no reason in its sole discretion and without notice or liability to You or any third party, refuse to any posts, photos, comments, textual material provided by You, and may terminate the service at any time with You, and may immediately suspend or terminate Your account and block any and all current or future access to and use of the Site (or any portion thereof), without derogating from any other right or remedy that Weddiz may has by law, equity or otherwise. Grounds for such termination may include, but are not limited to, Weddiz’s determination that You failed to comply with these Terms or infringed any third party rights or any applicable laws or regulations.
You may cancel your use of the Site or terminate your account with Weddiz at any time and for any or no reason by providing written notice to Weddiz. In the event of termination, your account will be disabled and You may not be granted access to your account or any files or other content contained in the account (although residual copies of information may remain in Weddiz’s system). You acknowledge that Weddiz may, in its sole discretion and at any time(s), change or discontinue providing any part of the Site including imposing a fee for the use of certain services. In the event of any such change, we will send you an email informing you of the changes and we will post a notice on the Site. In addition, Weddiz may, from time to time, perform maintenance upon the Site resulting in interrupted service, delays or errors in the Site. Weddiz will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
As part of the registration process, you will be requested to provide certain business information, including among others, name, business address, email address, telephone number, and profile photo (collectively, the “Business Data”). You agree to:
4. Your Conduct.
As a Vendor, you acknowledge and agree that: (i) Weddiz does not and will not endorse end users to purchase or use any of your products or services (whether or not we match or connect or otherwise facilitate communications You with end users, ; (ii) Weddiz is not responsible for assisting Weddiz’s users reaching an agreement with You (which includes agreements between Vendors); (iii) Weddiz is not responsible for assisting You in providing goods and services to end users; (iv) while all end users are required to give us accurate information about themselves, Weddiz cannot and will not verify this information; (v) any transaction You enter with another user is strictly between such You and the other user, and we are not a party to that transaction (whether or not we match or connect such You with such other user, or facilitate communications between You and the end user, and whether or not we facilitate your creation or management of your respective network); (vi) Weddiz makes no guarantees or promises with respect to successful transactions between You and other users (including couples, guests, Vendors, and/or other users); and (vii) any dispute a user may have with another user is between those users, and we will not be a party to that dispute.
In connection with the use of the Site and in addition to other agreements and policies contained in the Site, you agrees (i) to abide by all applicable local, state, federal, national and international laws and regulations or other taxes and payments which may be applicable to your respective products or services, and (ii) not, nor allow or facilitate a third party, to violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or Weddiz’s policies or the operational or security mechanisms of the Site. Without limiting the foregoing, you may:
Weddiz cannot and does not assure that other users of the Site are or will be complying with these terms, and you assume all risk of harm or injury resulting from any such lack of compliance.
You may post text comments, pictures, videos, ratings, or responses within the Site (the “Content”) and you shall take the full responsibility in connection with the Content uploaded by you. We have no responsibility for what is written content.
Please note that any Content of yours posted on the Site is public and may be viewed by third parties.
By posting Content to the Site, you represent and warrant that: (a) such Content is non-confidential; (b) you own and control all of the rights to the Content or you otherwise have the right to post and use such Content and to grant the rights to Weddiz that you grant in these Terms; (c) the Content is accurate and not misleading or harmful in any manner; and (d) the Content, and your use and posting thereof in connection with this Site, does not, and will not, violate these Terms or any applicable law, rule or regulation.
You alone are responsible for your Content, and once posted to the Site any Content, it cannot always be withdrawn. You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Weddiz.
You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Content for any purpose. Please note that you also irrevocably grant the end users of the Service the right to access your Content in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against Weddiz and its end users any claims and assertions of moral rights or attribution with respect to your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Content.
As between you and Weddiz, you own your Content. We own Weddiz’s content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of your Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding your Content, end user Content and third party content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the our content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of Weddiz’s content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and our content are retained by us.
Weddiz and its licensees may publicly display advertisements, paid content, and other information nearby or in association with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Your Content (including any that may have been created by users employed or contracted by Weddiz) does not necessarily reflect the opinion of Weddiz. Except as required by law, we have no obligation to retain or provide you with copies of your Content, and we do not guarantee any confidentiality with respect to your Content. We reserve the right to remove, screen, edit, or reinstate your Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our guidelines.
All communications must comply with applicable laws. If You or an end user don’t affirmatively respond to or are not otherwise receptive to communications, you agree that you will cease communicating to such end users. You understand and agree that you are the sender of, and responsible for, any of your communications through the Services and the Platform, and Weddiz is not the sender of your communications. It is your responsibility to comply with all applicable laws, including all opt-out and unsubscribe requests.
Subject to compliance with applicable laws, you agree to receive promotional text messages and emails. If you wish to stop receiving promotional emails or promotional text messages follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages.
Until further notice, we will not charge You for your use of the Service. Following the Services’ launch, we shall update you in advance and any continued use will be charged with a monthly subscription fee, via a credit card. When we decide to charge fees, these terms will be updated accordingly.
8. Disputes, Complaints.
Weddiz is not responsible for any monetary disputes that reside between You and an end user; it is the responsibility of both of you to resolve all monetary disputes, damage claims, disputes relating to damaged goods and to late or non-delivered goods, breach of contract claims, etc. outside of Weddiz’ platform.
Weddiz may terminate or suspend your right to access or use the Site for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our terms.
10. Weddiz and Weddiz’s Vendors' Proprietary Rights.
Weddiz’s Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the content, the Site is not expressly granted herein are reserved.
Weddiz makes no claim of ownership as to any of your trademarks or of any Vendor listed on this Site.
11. Links to Other Websites.
12. Disclaimers of all Warranties.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEDDIZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE OFFER OF YOU OR ANY OTHER VENDOR DOES NOT IMPLY ENDORSEMENT BY WEDDIZ OF THE SAME.
WITHOUT LIMITING THE FOREGOING, WEDDIZ MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THIS SITE OR MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THIS SITE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE OF SUCH RESULTS OF CONSEQUENCES, OR IN CONNECTION WITH SUBMISSIONS OR PREVENTION OF UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT; OR (III) YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
YOUR USE OF THIS SITE AND ANY ACTION YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES, INCLUDING THE LEGALITY, RELIABILITY, APPROPRIATENESS, ORIGINALITY AND COPYRIGHT OF ANY OF YOUR CONTENT;
13. Limitation of Liability.
Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited by U.S law.
SUBJECT TO THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WEDDIZ BE LIABLE FOR: (I) ANY ACT OF GOD, ACCIDENT, DELAY, LOSS OF PROFITS, CONTRACTS, PURE ECONOMIC LOSS, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR INFORMATION OR RECOVERY OF DATA OR INFORMATION, DEPLETION OF GOODWILL, SECURITY BREAH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, WASTED EXPENDITURE, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE IS DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL); (II) ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL); OR (III) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER, EVEN IF WE WERE AWARE OF THE POSSIBILITY THAT SUCH LOSS OR DAMAGE MIGHT BE INCURRED BY YOU, ARISING UNDER OR IN RELATION TO THESE TERMS (WHETHER ARISING OUT OF BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE), INCLUDING WHERE ANY SUCH LOSS ARISES OUT OF ANY: (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICE); (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHER THIRD PARTY (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE, AND INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE LEVEL OF SERVICE PROVIDED).
Weddiz’s total liability to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount collected by us in transaction leading to the applicable claim.
14. Limitation of Claims.
Any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS WEDDIZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES, AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE; (II) ANYCLAIMS MADE BY VENDORS’ OR END USERS; (III) ANY BREACH OF, OR DEFAULT IN, THESE TERMS BY YOU, OR OF ANY ARRANGEMENT BETWEEN THE YOU AND ANOTHER USER ; (IV) ANY ACT OR OMISSION MADR BY YOU, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; AND (V) ANY ACTIVITY RELATED TO YOUR ACCOUNT, BE IT BY YOU OR BY ANY OTHER PERSON ACCESSING TO YOUR ACCOUNT WITH OR WITHOUT YOUR CONSENT UNLESS SUCH ACTIVITY WAS CAUSED BY A WILFULL ACT OR DEFAULT OF WEDDIZ.
You agree that you are solely responsible for your products and services and agree to indemnify, defend and hold harmless Weddiz from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from your products and services, including any violation of any regulations, or other taxes and payments which may be applicable to your products and services.
Weddiz will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without Weddiz prior written consent. Weddiz reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, You shall cooperate fully in the defense of any claim.
16. Non-Discrimination Policy.
Weddiz prohibits discrimination by Vendors or licensors against couples, guests, visitors, users, or any other party on the basis of race, ethnicity, color, religion, sex, national origin, ancestry, physical characteristic, disability, marital status, family status or composition, pregnancy status, sexual orientation, gender identity, gender expression, political affiliation, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law. Such discrimination includes, but is not limited to, doing any of the following: refusing to provide goods or services to, or accept goods; submitting discriminatory content on the Site; imposing any different terms or conditions upon a member; or any other conduct that improperly takes into account upon any member. We will take steps, in our sole discretion, to enforce this policy, up to and including the suspension or removal from the Site of anyone who violates this policy.
If you have a dispute with anend user or another Vendor, You releases Weddiz (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
18. Governing Law and Exclusive Courts.
Any dispute shall be resolved by contacting us informally. If we were unable to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court. Any arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Weddiz agree otherwise, the arbitration will be conducted in the United States. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules. the right to a hearing will be determined by the AAA Rules. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PINTEREST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Weddiz or our Service isn’t arbitrable under applicable laws or otherwise: you and Weddiz both agree that any claim or dispute regarding Weddiz will be resolved exclusively in accordance with the dispute resolution manner listed below: This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of Delaware.
You irrevocably agree that the courts of Delaware shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims)
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the contracts or otherwise.
These Terms and Weddiz rules and policies in this Site comprise the entire agreement between you and Weddiz and your exclusive remedy with respect to the Site, and supersede all prior agreements pertaining to these Terms and such rules’ and policies’ subject matter. If any provision(s) of these Terms is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in these Terms is solely used for the convenience and have no legal or contractual significance. No provision of these Terms shall be construed against Weddiz but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of these Terms. You agree to pay all costs and expenses (including reasonable attorneys' fees) that Weddiz may incur in order to (a) collect any amounts that you owe under these Terms, or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between users of the Site; in each case in addition to all other remedies available in law, equity or otherwise. No waiver of any term under these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Terms shall not constitute a waiver of such term. These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Weddiz without restriction. No joint venture, partnership, employment, franchise or agency relationship exists between you and Weddiz as a result of the use of the Site.
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