Last updated: July 2024 website visitors
These Terms of Use (the "Terms") describe the terms and conditions on which Bvaah Limited, a company registered in England and Wales with company number 15701356 (“Bvaah,” “we,” “us,” or “our”) makes its website available to Users (as defined below). These Terms apply to all websites and mobile applications owned and operated by us or our affiliates that link to these Terms, and related online and offline services thereto (including our social media pages), including but not limited to www.bvaah.co.uk
For details on how to contact us, please see Section 26 (Content Moderation and Internal Reporting System) below.
1. Your Acceptance of the Terms
By using or accessing our website or any of the services provided in connection with our business (the "Services"), you confirm your agreement to be bound by these Terms and our Privacy Notice, which are incorporated herein by reference. If you do not agree to these Terms and the Privacy Notice, please do not use or access the Services. The Terms expressly supersede any prior terms of use between you and us or any of our affiliates or predecessors.
Certain features or products that you use or download through the Services may be subject to terms and conditions presented to you at the time that you use or download them (in addition to these Terms, which will continue to be binding). For example, your Vendor listing on our website will be governed by our Terms and Conditions of Sale and any contests, sweepstakes, or other promotions (each a “Promotion,” and, collectively, “Promotions”) made available through the Services may be governed by terms and conditions that are separate from these Terms.
Similarly, some areas of the Services are hosted or provided by our third-party hosts or service providers and are subject to additional terms and conditions of use, which are posted within those areas on such third parties’ websites. Please make sure you read and accept these additional terms and conditions before using these areas of the Services.
We reserve the right, in our sole discretion, to change or modify these Terms at any time. It is your responsibility to check the Terms periodically because any changes will be binding on you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
2. Registering to use the Bvaah Platform
You may access and browse a limited version of the Bvaah Platform subject to these Terms. However, to make full use of the Bvaah Platform and to use the Services you must register for an account as a Couple and provide certain information about you as set out in the registration process, including details of:
The information that you provide when registering and all other information and content that you upload to, generate or create when using the Bvaah Platform (including guest lists, reviews, messages, files etc.) will be together referred to in these Terms as “Your Content”. Please see clause 11 for the rights that you grant us when uploading Your Content to the Bvaah Platform.
Please make sure that all of Your Content is accurate and complete and is kept current and up-to-date whilst you continue to use the Bvaah Platform and the Services. You must contact us promptly to inform us of any changes to this information.
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 and secure 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.
Usernames and passwords are our property and we reserve the right to alter or replace them at any time in our sole discretion.
Please notify us immediately via the Bvaah Platform if anyone else has become aware of your login details, 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.
We reserve the right to disable your username and password and suspend your access to the Bvaah Platform at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3. The Services and Users of the Services
Through our Services we offer an innovative community and marketplace for the wedding industry. Our Services are only available to business entities and individuals who are at least 18 years of age and who can form legally binding contracts under applicable law.
We currently provide Couples with the ability to register for a free account on the Bvaah Platform. However, we also offer account types and privileges which you can pay to access and, in the future, we may charge fees for other features of the Bvaah Platform. Wherever fees apply you will have the opportunity to review and accept such fees prior to incurring any costs.
Users of our Services include:
a. Members
Certain areas of the Services may provide a place for Members to interact with Vendors and book services that a Vendor offers. As a Member, you acknowledge that while we use techniques to help verify the identity of Vendors when they register for memberships or subscriptions on our Services, we cannot guarantee each Vendor’s identity, capabilities, that it has obtained all required permits, licences or consents, or that it complies with all applicable laws. We do not personally endorse or recommend any particular Vendor nor do we guarantee the quality of their goods or services. You should use our Services as a starting point for identifying organisations that provide the products and services you need, and then conduct your own research to ensure the service providers you choose to do business are appropriate for you.
b. Website Visitor (“Guests”)
Certain areas of the Services may provide a place for Guests to interact with Members and give monetary gifts to Members. Please see our Terms of Use for Guests.
4. The Services and Users of the Services
As a User, you acknowledge that we are not a product or service provider, vendor, or an agent representative for any Vendor. We and the Services function solely as a neutral venue and digital platform where Users may connect for particular types of services or products. We are not involved in or a party to the actual transactions between Users. As a result, although we take steps to verify the Vendors that list on our websites, we have no control over the transactions that take place on our Services or the accuracy of any Vendor listings. We have no control over the ability of Vendors to provide items or perform services or the ability of Members to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users.
For all Wedding Services promoted by Vendor’s via the Bvaah Platform, it is either the case that:
In either scenario, if you make a booking with a Vendor, you will enter into a direct contract with the applicable Vendor of the Wedding Services you have chosen. This will be a direct contract between you and the Vendor. We will not be a party to this contract. Your booking with the Vendor will be subject to the specific terms and conditions of the relevant Vendor you contract with, and we advise you to read the same carefully prior to booking. The Vendor’s terms and conditions may limit and/or exclude the Vendor’s liability to you.
5. Non-discrimination Policy
We want all Users to feel welcome and included on our Services. Accordingly, we prohibit discrimination against Users, guests, or our representatives based on race, colour, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on the Services [this could be for the uploading of wedding pictures or reviews of vendors]. We will, at our discretion, take steps to enforce this policy, up to and including suspending from our Services Members who violate this policy. If you experience discrimination with any Member or Vendor, please notify us through the internal reporting system using the abuse reporting form according to Section 26, so that we can take the appropriate measures. For details on our internal reporting system, please see Section 26 below.
We reserve the right to suspend any User’s access to the Services that violates these rules or who engages in offensive and detrimental behaviour, including behaviour that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory or offensive comments or by taking actions that are not in keeping with our Non-discrimination policy. Please see our Review Policy below for more information related to reviews posted on the website.
6. Location of the Services
We control and operate the Services from our facilities in the United Kingdom and, unless otherwise specified, the materials displayed on the Services are presented solely for the purpose of promoting products and services available in the United Kingdom. We do not represent that materials on the Services are appropriate or available for use in other locations.
7. Accounts, Passwords and Security
To access certain features or areas of the Services, you will be required to register and create an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date (this includes your contact information). In addition, certain features of the Services may only be available to our Members. To access those areas of the Services you will be required to log in using your username and password. You are responsible for all activity occurring when the Services are accessed through your account, whether authorised by you or not.
Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
8. Privacy
Our Privacy Notice describes how we handle the information you provide to us when you use our Services and where such information constitutes personal data under applicable data protection legislation. Please refer to that policy for further details regarding the collection, processing and use of the information you provide by us and our affiliates. To the extent that you interact directly with a Vendor through our Services, you are subject to their privacy notice in connection with such interactions.
9. Rules for Using the Services
You must comply with all applicable laws and contractual obligations when you use the Services. In using the Services, you also agree to abide by the rules outlined below.
Users of the Services
As a User of the Services, you expressly agree not to:
10. Review Policy
Our Services include a forum whereby Users can post a review of Vendors (“Review”). Reviews are an important way for users to make informed decisions about Vendors and, as such, Bvaah takes steps to ensure that there is a transparent process for posting and, if necessary, removing Reviews in accordance with applicable laws.
If you have questions about these policies or procedures, or believe that a review violates these policies, please submit a request using our internal reporting system according to Section 26.
Publication Criteria
Bvaah will publish all Reviews submitted to the platform by Users provided that they meet the following conditions:
Users who wish to post Reviews will be required to register as a User with Bvaah, subject to these Terms and our Privacy Notice.
Personal Data
Reviews may not contain the names or other personal data of staff members of the Vendor. Where Reviews containing personal data of staff members of Vendors are reported to Bvaah, this information is redacted from the Review or, to the extent redaction is not possible, the Review is removed from the Bvaah website.
Complaints and Takedown Procedure
User Removal Requests
If the Review does not fit in one of the cases enumerated above, Bvaah will follow the takedown process proposed under the U.K. Defamation Act of 2013, including the time periods required for responding to Users and Vendors. Bvaah will investigate the request pursuant to such process, and notify the Vendor whether the Review will be removed.
11. Protection of Intellectual Property Content
Our Services contain copyrighted material, trade marks, inventions, know-how, potentially patentable business method material, designs (including the look, feel, appearance and graphic function of the Services), design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, “Intellectual Property Content”). Unless otherwise indicated and/or provided pursuant to a third-party licence, our Intellectual Property Content is our sole property, and we retain all rights, interests and title thereto.
You may use the Services and the Intellectual Property Content (including any content and materials included on the Services) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Services unless explicitly authorised in these Terms. You may not frame or link to the Services without our prior written permission.
The Services contain trade marks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by us, including but not limited to the "BVAAH" mark. Unless otherwise agreed to in writing, you agree that no right, property, licence, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance, or non-performance of the Terms or any part thereof. You shall in no way contest or deny the validity of, our right of title to or licence of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of the Terms and thereafter. You shall not utilise the Marks or any similar marks in any manner that would diminish their value or harm their reputation or goodwill.
You shall not use or register any domain name, trade mark, or service mark that is identical to or similar to any of the Marks.2
12. Content Submitted by Users
The Services may offer Users the opportunity to submit or post information to the Services, and to share information with other Users through message boards, Vendor advertisements and listings, and other means. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. – This can discuss uploading photos and passing details to the vendors
Any information submitted by you to the Services through any means is “Submitted Content.” We acknowledge that you retain ownership of all Intellectual Property Content that forms part of the Submitted Content.
By posting Submitted Content, you expressly represent and warrant that (i) you are the owner of any and all Submitted Content; 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 Submitted Content. You further represent and warrant that all persons and entities connected with the Submitted Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services, and materials have been used in the Submitted Content or its exploitation, have authorised the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein.
Users are solely responsible for their Submitted Content. We do not control the Submitted Content of Users and we are not responsible for its accuracy or legality. You assume legal responsibility for and will be responsible for all costs and losses suffered by us as a result of any of your Submitted Content.
This clause applies to the Submitted Content that Users will upload, post, or otherwise publish in the wedding websites created with our tools.
13. Our Licence to Submitted Content
By posting Submitted Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide licence (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Submitted Content for any purpose and in any format on or in connection with the Services, our business, or the promotion thereof, to prepare derivative works of, or incorporate such Submitted Content into other works, and to grant and authorise sublicenses of the foregoing. Additionally, by providing Submitted Content, you authorise us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any Submitted Content in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein. You acknowledge that we may retain archived copies of your Submitted Content and may continue to use your Submitted Content in connection with any materials that were created prior to your removal of your Submitted Content, in accordance with the license described above.
14. Rules Regarding Submitting Content
By using our Services, you agree not to post any Submitted Content that you know is incorrect or not current.
You further agree not to post Submitted Content or take any action that:
We reserve the right, but do not have the obligation to monitor, remove, or restrict any Submitted Content for any reason, including, without limitation, that your Submitted Content is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion.
Any decision to prevent, restrict, redress or regulate Submitted Content or to implement other enforcement measures against any Submitted Content (or to refrain from taking such measures) may raise difficult issues and may have to take place against a background of imperfect levels of information, time constraints and other complicating factors. In taking such decisions, we and our directors, offices, shareholders, parents, subsidiaries, employees, consultants, affiliates, partners, agents or representatives (collectively, our "Representatives") will seek to act in good faith.
You expressly agree that our Representatives and anyone else authorised to act on our behalf shall in no circumstances be liable as a result of any representation that we would or would not restrict or redress any Submitted Content, conduct or potential or purported violation of the Terms (but this does not restrict any rights you may have to take action against us in relation to such representations).
15. Tools & Changes to Services
The Services offers several tools to Users (collectively, “User Tools”), some of which are provided by third parties. We cannot guarantee the availability, suitability or effectiveness of any of these User Tools, whether provided by a third party or not.
In order to optimise the Services operation, we are constantly testing and evolving the Services and the services offered on it. We reserve the right to modify or discontinue any User Tools or other services or features provided on the Services at any time without warning. You agree that we may make such changes and reverse or modify them at any time, without notice.
Subject to the terms of the Privacy Notice, we are not responsible for any data you lose as a result of a malfunction of the User Tools or the Services or for any other reason or any consequential damages resulting from such data loss. You should always keep a back-up copy of all such information on your computer and in hard copy. – this needs to be added to the privacy policy
16. Fees & Payments
Members: The Services are provided to Members free of charge. We may offer optional fee-based services, which may include services provided by third parties. Your use of such services shall be subject to any applicable additional terms and conditions which may include the third parties’ terms and conditions, and in such circumstances, the third parties, and not us, are responsible for delivering any purchases goods or performing any booked services, and in issuing any applicable refunds. The fee and timing of payments for the fee-based service will be described separately as part of the applicable fee-based service and will be solely provided by the Third Party.
We may add new services for additional fees and charges at any time in our sole discretion for example withdrawal of monetary gifts. In order to optimise the Services, we are constantly testing new initiatives and product offerings and may change the operation of the Services, including the order and manner in which advertisements appear on it, the way that services are delivered, and the way that new customers are charged for services.
17. Monetary Gifts
We may offer to Guests or any other users of Bvaah gifting services, which may include donating money to the Couple as a gift, which the couple can withdraw and spend at their discretion. Your use of such services shall be subject to any applicable terms and conditions which may include your bank’s terms and conditions, and in such circumstances, your bank, and not us are responsible for delivering any monetary gifts, and in issuing any applicable refunds. Please note that you do not have to hold an account with Bvaah to give a monetary gift.
Subject to the requirements of applicable local laws, and what we say below in relation to monetary gifts, once your gift is made, Bvaah is under no obligation to refund your donation to you. However, Bvaah may permit a refund with the prior written authorisation of the Couple to which the donation has been directed. Please get in touch with the Couple to which you have gifted and explain that you would like a refund and that they must confirm this to Bvaah in writing. In the event that all funds have already been paid out to the Couple and there are no funds available for refund, Bvaah will invoice or direct debit the Couple for the amount of the refund and the Couple must agree to settle that invoice within one (1) month of the date of the invoice. Alternatively, you may approach the Couple for a direct refund from them. Under no circumstances will Bvaah be liable for funding the refund of any donations itself.
Unless specified, Bvaah is not responsible for the planning, delivery and management of any wedding. If the wedding is cancelled, postponed or changed, a wedding gift page relating to any such wedding will remain open and eligible to receive gifts unless the person who created the page chooses to close it. Bvaah will not, and is under no obligation to, inform a Guest that a wedding has been cancelled, postponed or changed. In such circumstances, subject to applicable local laws, no monetary gift made to a Bvaah wedding page will be refunded by Bvaah except with the prior written consent of the Couple to whom it has been directed (who will be responsible for funding the refund) as provided in the previous paragraph. If successful, Bvaah will not inform you that your monetary gift has been refunded. If we are unable to transfer the funds to the Couple to which you gifted, we will return your monetary gift via the payment method from which you made the donation. If we are unable to return your monetary gift via the payment method you used, your monetary gift will be sent to another Cause, subject to the deduction of applicable transaction and payment processing fees.
Bvaah does not represent or warrant that your monetary gift will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a Couple’s use of any monetary gift you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such monetary gift by a Couple. After monetary gifts are made, all further dealings are solely between you and the Couple to which you gifted.
Bvaah shall not be responsible for ensuring that funds are earmarked for a particular appeal. If you want a monetary gift to be used for a specific purpose or for a particular appeal, contact the Couple and make your monetary gift payment directly to them.
When you make a monetary gift, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
Payment of monetary gifts will incur additional admin fees/charges of 5% plus 31.50. This fee will be taken at the time of payment by the Guest. Bvaah reserves the right to change their processing fee at any time for new gift payments and withdrawals.
When a monetary gift is made by a Guest(s) we hold the money in a secure, non-interest-bearing bank account. When the money is being held securely by us you will be able to withdraw an amount at your discretion which will be subject to additional fees and charges. Please see below for additional fees and charges.
Withdrawing monetary gifts
While Bvaah strives to make Withdrawals available to you promptly but its ability to do so is dependent upon Users providing the right information and upon legal and technical systems operating as intended, you acknowledge and agree that: (i) Withdrawals may not be available to you for use immediately; (ii) Bvaah does not guarantee that Withdrawals will be always available to you within any specific time frame but shall use commercially reasonable efforts to provide Withdrawals within 5 working days of request; and (iii) to the extent permitted by applicable law, Bvaah expressly disclaims any and all responsibility for any delay in Withdrawals or your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. Bvaah will undertake commercially reasonable efforts to provide an indicative timescale for Withdrawal of donations where an immediate Withdrawal is not possible. You, as a Couple and/or Beneficiary, are responsible for ensuring that the information you provide to Bvaah in order to process a Withdrawal, including bank account information, is accurate and up to date. Bvaah may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Gift(s) with or without consulting with you, which may comprise the entire amount gifted to you. To the extent permitted by applicable law, Bvaah is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by Bvaah issuing refunds, including, but not limited to transaction or overdraft fees.
When you withdraw a monetary gift, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Please note that withdrawals may take up to 48 hours for the funds to reflect on your balance.
If a monetary gift is disputed by the guest with their credit card company and the gift has been collected from the bridal party, the couple is responsible to return the monetary gift to us. If a monetary gift is disputed by the guest with their credit card company (Usually because they do not recognize the charge on their credit card) before the gift has been collected by the couple, then the fee charged to us by the credit card company will be deducted from the monetary gift amount. Note: if we have not been successful in reaching you, your account will be debited for any funds disbursed to you and later disputed by a guest.
ABANDONED FUNDS: We will make multiple attempts to contact you to obtain your funds if you have not done so on your own. If, for any reason, monetary gifts remain in your registry for a period of 5 years after the date of your wedding, your funds will be considered abandoned. In order to claim these funds, you will simply need to contact us, since your wedding page may or may not be active at that time. Funds will be considered permanently fulfilled after a period of five years if not claimed.
CANCELLED WEDDING: In the event that the wedding has been cancelled it is the couple’s responsibility to make the guest aware that the wedding will not go ahead at their own discretion. The couple hold any liability to return any withdrawn monetary gifts to a guest and are responsible in advising the guest of the monetary gift being returned. Any monetary gifts not withdrawn by the couple when a wedding has been cancelled with be returned to the guest within X weeks of the wedding being cancelled.
Bvaah will never email or phone you and ask you to provide all of your payment details.
18. Disclaimers of Warranties
YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. WHILE WE ENABLE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND WE ARE NOT A PARTY TO TRANSACTIONS OR INTERACTIONS THAT MAY OCCUR BETWEEN USERS, WHETHER ONLINE OR OFFLINE. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY VENDOR IS LICENSED, QUALIFIED, INSURED OR CAPABLE OF PERFORMING ANY PRODUCT OR SERVICE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE EXPERTISE, PROFESSIONAL QUALIFICATIONS, OR QUALITY OF WORK OF ANY VENDOR, OR THE SUITABILITY, RELIABILITY OR ACCURACY OF THE PRODUCTS AND SERVICES THEY PROVIDE. WE PROVIDE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT PROVIDED, DISPLAYED, OR GENERATED THROUGH THE SERVICES, OR ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT WE MAKE NO PROMISES THAT:
THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME,
ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICES IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SERVICES. WE DO NOT PROVIDE ADVICE AND WE CANNOT BE EXPECTED TO KNOW WHAT USE YOU MAY MAKE OF THE INFORMATION POSTED ON THE SERVICES.
19. Limited Liability
IN NO EVENT SHALL BVAAH, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, PARTNERS, AGENTS, OR OUR REPRESENTATIVES, CONTENT OR SERVICE PROVIDERS (THE "BVAAH PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT DAMAGES, LOSS OF PROFITS (DIRECT OR INDIRECT), ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SERVICES, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. THE LIABILITY OF THE BVAAH PARTIES (AS DEFINED ABOVE) TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO, IN THE CASE OF A VENDOR, THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR, IN THE CASE OF A WEBSITE VISITOR OR A MEMBER, £100.
This Section 18 shall not limit or exclude the Bvvah’s Parties' liability for: (i) fraud; (ii) fraudulent misrepresentation; or (iii) death or personal injury arising from negligence.
You are solely responsible for your interactions with other Users, and we are not a party to any such disputes. We reserve the right, but do not have any obligation, to monitor disputes between you and other Users. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Services by Users are not provided by us and are specifically and solely between the Users.
You agree to release the Bvaah Parties from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the content uploaded in the wedding website created by you with our tools; or connected with the use of personal data that you publish and process in the wedding website created by you with our tools.
20. Viruses and Hacking
You must not misuse the Bvaah Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Bvaah Platform, the server(s) on which the Bvaah Platform is stored or any server, computer or database connected to the Bvaah Platform. You must not attack the Bvaah Platform via a denial-of-service attack or a distributed denial-of service attack.
By breaching this clause, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We use reasonable endeavours to ensure that the Bvaah Platform does not contain or disseminate any viruses or other malicious code. However, we do not guarantee that the Bvaah Platform will be free from bugs, viruses or malicious code and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, devices computer programs, data or other proprietary material due to your use of the Bvaah Platform. We therefore recommend that you use your own virus protection software and scan regularly for the presence of viruses and other malicious code.
21. Suspension or Termination of Access and Remedies
Website Visitors and Members may terminate their use of the Services at any time by ceasing to use the Services. Upon terminating their use of the Services, Members who wish for Bvaah to delete their Member accounts and associated data may request deletion by completing Bvaah’s data subject rights form.
We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any content or materials you have submitted to the Services, at any time and for any reason (including without limitation for legal or regulatory reasons, if Users unduly use the websites or information stored thereon in an unlawful manner or in a way that harms the assets or rights of third parties). Where reasonably practicable and permissible by law, we will endeavour to give you prior written notice of such suspension or termination.
Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms; your creation, maintenance and/or management of more than one account; your non-payment in full any unpaid fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; your unethical conduct, to be determined at our sole discretion; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member.
Remedies for use of our Services that violate the Terms include, but are not limited to, the immediate termination of your membership, notifying our Users of your actions, issuing a warning (including a public warning), temporarily suspending your membership, monetary compensation, and injunctive relief.
22. Governing Law and Jurisdiction
These Terms and any other terms and conditions applicable to the Services are governed by English law. Bvaah and you agree to submit to the exclusive jurisdiction of the English courts, but if you are a consumer and you live in Scotland, Northern Ireland or the Republic of Ireland, the courts of those jurisdictions shall also have jurisdiction in relation to any dispute about these Terms.
23. Claims of Intellectual Property Infringement
We take claims of intellectual property infringement seriously and will respond to notices of alleged copyright and/or trademark infringement that comply with applicable law and are submitted using our internal reporting system according to Section 26.
24. Linked Websites
The Services may contain links to other websites or to third-party sellers of products and services. Such links are provided for your convenience only. You access such links at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them. We are not responsible for the availability or accuracy of the content on such sites. When you visit a linked site, you should read the terms of use and privacy notice that govern that particular linked website.
25. General Provisions
26. Content Moderation and Internal Reporting System
Bvaah will remove Submitted Content from our website if the Submitted Content: 1) violates the Terms, including, but not limited to, Section 4 and Section 9, 2) violates any applicable laws, rules, or regulations, 3) is spam, 4) does not meet the technical requirements for Bvaah, and 5) does not meet the qualitative standards required by Bvaah.
Bvaah also uses third party tools to scan for spam on our website. We review the third party tools' findings and remove any Submitted Content that we confirm is spam. If you believe your Submitted Content has wrongfully been removed, please submit an appeal to Bvaah using our internal reporting system.
Bvaah has an internal reporting system, where you can report copyright misuse, trademark misuse, abuse on our website, and issues with your account. You may also submit an appeal to any decision Bvaah has made about the removal of your Submitted Content and submit general inquiries. Below are the procedures for the internal reporting system: