Terms of Service

Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

Copyright notice

2.1 Copyright (c) 2020 Now To Vow.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

License to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for finding and hiring suppliers for weddings, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

Buyers

6.1 This Section 6 applies to buyers and prospective buyers.

6.2 To be eligible to purchase items on our website under this Section 6, you must be at least 18 years of age.

Service provider registration and accounts

7.1 This Section 7 applies to you if you are, or wish to be, a service provider offering services to buyers through our website.

7.2 To be eligible for a service provider account on our website under this Section 7, you must serve the United Kingdom.

7.3 You may register for a service provider account with our website by contacting suppliers@nowtovow.co.uk

Service provider listings

8.1 If you register with our website as a service provider, you will be able to submit listings to the website.

8.2 To create a listing on our website, you will be asked to email in all of the details for review.

8.3 Listings that are submitted will be individually reviewed] within 24 hours following submission.

8.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.

8.5 If we permit the publication of a listing, it will remain published on our website indefinitely, subject to these terms and conditions.

8.6 Listings submitted to our website must be true, fair, complete and accurate in all respects.

8.7 Listings submitted to our website must constitute bona fide listings relating to the service.

8.8 Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.

8.9 You must keep your listings up to date and remove any listings in respect of products that have ceased to be available.

8.10 You must ensure that all prices specified in or in relation to a listing are in pounds Sterling only.

Service rules

9.1 The only services that may be the subject of a listing on our website are services which can be hired for use at weddings.

9.2 You must not use our website to advertise, buy, sell or supply physical products that cannot be used at weddings, intangible products or downloadable products.

9.3 You must not advertise, buy, sell or supply through or in relation to our website any service that:

(a) breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

(b) involves the supply, distribution or publication of any material that would, if published on our website by you, contravene the provisions of Section 4 or Section 21; or

(c) relates to drugs, narcotics, steroids or controlled substances; relates to pornography or obscene, indecent or sexually explicit materials; encourages or facilitates criminal acts or civil wrongs; or encourages or facilitates the infringement of any intellectual property right.

The buying and selling process

10.1 You agree that a contract for the purchase and supply of a service or services will come into force between you and another registered website user, and accordingly that you commit to supplying the relevant service or services, upon both parties signing such agreement.

Terms and conditions of supply

11.1 Service providers must use the website interface to create legal notices applying to their relationships with service buyers.

11.2 Service providers must ensure that:
(a) legal notices are sufficient to meet the service provider’s legal disclosure obligations and other legal obligations; and

(b) they comply with all laws applicable to their service listings and supplies of services, including where applicable the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

11.3 Except to the extent that a buyer and service provider expressly agree otherwise the following provisions will be incorporated into the contract of for the supply of services between the buyer and the service provider:

(a) the price for the services will be as stated in the relevant service listing;

(b) other amounts and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the service listing;

(c) provision of the services must be made on the date specified;

(d) appropriate means of provision of services must be used by the service provider;

(e) services must be provided with reasonable care and skill and must conform in all material respects to the description of the services in the service listing and any other description of the services supplied or made available by the service provider to the buyer; and

(f) any intellectual property rights in any works created by the service provider during the course of the supply of the services are hereby licensed by the service provider to the buyer from the date of supply of the relevant works to the buyer on the basis of a [worldwide exclusive royalty-free perpetual licence of all such rights, and the service provider must promptly following receipt of a written request from the buyer assign to the buyer (in writing and in compliance with all other applicable formalities) all such rights].

11.4 If the service provider is a trader and the buyer is a consumer, the provisions of Section 16 shall be incorporated into the contract for the supply of services between the buyer and the service provider.

11.5 Both buyers and service providers undertake to comply with the agreed terms and conditions of supply.

Payments

12.1 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

12.2 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

12.3 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c) an administration fee of GBP 25.00 including VAT; and

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 18.3 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 18.3.

12.4 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

12.5 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

Our role

13.1 You acknowledge that:

(a) we are not party to any contract for the sale or supply of services advertised on the website (except the marketplace and payment processing services made available to buyers and services providers under these terms and conditions);

(b) we are not involved in any transaction between a buyer and a service provider in any way, save that we facilitate a marketplace for buyers and service providers and process payments on behalf of service providers;

(c) we are not the agents for any buyer or service provider, and accordingly we will not be liable to any person in relation to the offer for sale or supply of any services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any services and we will have no obligation to mediate between the parties to any such contract.

13.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 25.1 you will not hold us liable in respect of any loss or damage rising out of any user behaviour or user information.

13.3 The provisions of this Section 19 are subject to Section 25.1.

Your content: licence

14.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

14.2 You grant to us a to use reproduce, store and publish your content on and in relation to this website and any successor website.

14.3 You grant to us the right to sub-license the rights licensed under Section 20.2.

14.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 20.2.

14.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

14.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

14.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules

15.1 You warrant and represent that your content will comply with these terms and conditions.

15.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

15.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

15.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

15.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

15.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Provision of contact details

16.1 Save where expressly requested or permitted by us to do so, you must not add any information to our website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).

Report abuse

17.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

17.2 You can let us know about any such material or activity by email.

Limited warranties

18.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

18.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

18.3 To the maximum extent permitted by applicable law and subject to Section 25.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Limitations and exclusions of liability

19.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

19.2 The limitations and exclusions of liability set out in this Section 25 and elsewhere in these terms and conditions:

(a) are subject to Section 25.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

19.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

19.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

19.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

19.6 We will not be liable to you in respect of any loss or corruption of any data, database or software[, providing that if you contract with us under these terms and conditions as a consumer, this Section 25.6 shall not apply].

19.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage[, providing that if you contract with us under these terms and conditions as a
consumer, this Section 25.7 shall not apply].

19.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

19.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

(a) £1; and

(b) the total amount paid and payable to us under the contract.

Indemnity

20.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of [your use of our website or any breach by you of any provision of these terms and conditions].

Breaches of these terms and conditions


21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

21.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].

Third party websites

22.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

22.2 We have no control over third party websites and their contents, and subject to Section 25.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trade marks

23.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

23.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Variation

24.1 We may revise these terms and conditions from time to time.

24.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

24.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

Assignment

25.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

25.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

26.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

26.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

27.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

27.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

28.1 Subject to Section 25.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

29.1 These terms and conditions shall be governed by and construed in accordance with English law.

29.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Statutory and regulatory disclosures

30.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

30.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

30.3 These terms and conditions are available in the English language only.
30.4 We are registered in Companies House; you can find the online version of the register at https://beta.companieshouse.gov.uk/company/11489588, and our registration number is 11489588.

Our details

31.1 This website is owned and operated by Now To Vow Ltd.