Last updated: May 2024           VENDORS 

 

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.com

 

For details on how to contact us, please see Section 25 (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, purchase, 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.

 

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 Vendor and provide certain information about you as set out in the registration process, including details of:

• your name and that of your business;
• contact details for yourself and your business (including e-mail address, address, phone number);
• your price range;
• the type of services you offer; 

 

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 services, prices 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.

 

Users of our Services include:

 

• individual users such as prospective brides and grooms, newlyweds, wedding guests and all other consumers accessing our Services or perusing our websites (collectively, "Website Visitors");
• individual users such as prospective brides and grooms, newlyweds and wedding guests who have registered to create an account with us (collectively, “Members”); and
• companies and other third parties offering products and services related to weddings (collectively, “Vendors”)

 

a. Vendors

If you are agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, "you" and "your" refer to that company or other entity.

 

As a Vendor you acknowledge that we will not personally recommend or endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Members. We are not responsible for assisting you in providing goods and services to Members. Your membership or subscription to our Services may not be transferred or sold to another party.

 

As a Vendor you must list the true and correct name of your business on the Services. If there is a change to that business name, Vendors must promptly update the Services and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations licence, as applicable.

 

We may also offer memberships or subscriptions for which a Vendor pays (“Paid Subscriptions”). For instance, we offer “standard,” “silver,” or “gold,” Vendor memberships. We reserve the right to modify the terms of or cancel any such unpaid Vendor memberships at any time. The Terms and Conditions of Sale apply to such Paid Subscriptions, and are incorporated into our relationship with Vendors. If there is a conflict between these Terms and the Terms and Conditions of Sale, the latter shall prevail.

 

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.

 

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. We will, at our discretion, take steps to enforce this policy, up to and including suspending from our Services those Vendors 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 25, so that we can take the appropriate measures. For details on our internal reporting system, please see Section 25 below.

 

We reserve the right to suspend any User’s access to the Services and cancel the contract of any Vendor 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). 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:

 

• Create an account in another person’s or entity’s name, create more than one account, use another’s account or impersonate another person or entity;
• Use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others;
• Restrict or inhibit other Users from using and enjoying the Services;
• “Harvest,” “scrape,” “stream catch” or collect information from the Services using an automated software tool (including but not limited to use of robots, spiders, or similar means), or manually on a mass basis (unless we have given you separate written permission to do so) (this includes, for example, information about other Users of the Services and information about the offerings, products, services and promotions available on or through the Services);
• Circumvent or reverse engineer the Services or our systems or to gain unauthorised access to any areas of the Services, or any other systems or networks connected to the Services, or to any of the services offered on or through the Services that are not intended for access by you, by hacking, password “mining,” or any other illegitimate means;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks, or any systems or networks connected to the Services, including by “flooding” the Services with requests;
• Use the Services to gain competitive intelligence about us, the Services, or any product offered via the Services or to otherwise complete with us or our affiliates, or use information on the Services to create or sell a similar product or information;
• Manipulate or forge identifiers to disguise the origin of any information posted on the Services or otherwise provided to us or our employees;
• Use the Services to promote spamming, chain letters, or other unsolicited communications; or
• Engage in tactics, or direct or encourage others, to attempt to bypass the Services or our systems to avoid complying with any of our applicable policies, including these Terms, paying applicable fees, or complying with other contractual obligations, if any.

 

Vendors

If you are a Vendor, in addition to the above, you further expressly agree not to:

 

• Violate any applicable laws, statutes or regulations regarding your use of the Services and your listing, the production and transportation of items and/or the solicitation of offers to produce and transport items;
• Include promotional text or endorsements in your storefront name or your storefront picture(s);
• Discourage, either through the Services or otherwise, any Website Visitor or Member from hiring other Vendors of the Services; or
• “Farm” out Member leads (i.e., taking Member leads provided to you and transferring them to others that are not Vendors of the Services).
• We reserve the right to suspend any User’s access to the Services and/or cancel the contract of any User that violates these rules.

 

10. Review Policy

Our Services may 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 25.

 

Publication Criteria

Bvaah will publish all Reviews submitted to the platform by Users provided that they meet the following conditions:

 

• They are written by a User who used the Vendor for their own wedding
• They are written by a User with a signed contract to use the Vendor
• The Reviews are free of profanity or abusive language
• Bvaah reserves the right to take steps to verify that the User who posts the Review meets the criteria for publication specified above.

 

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

 

 

Vendor Removal Requests

 

Where a Vendor disputes or requests removal of a Review, removal will occur in the following cases:

 

• The User who gave his opinion did not contract the services of the supplier on whose profile the opinion was published.
• There is a decision issued by a judicial body ordering the deletion of the comment.
• The opinion is not about a marriage.
• The same User gave his opinion twice about the same supplier.

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.

 

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.

 

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:

 

• May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal;
• Is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, is sexually or otherwise harassing or menacing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, highly coercive, profane, or otherwise harmful to any Users or in any way violates the Non-discrimination Policy set forth herein;
• Creates liability for us in any manner whatsoever;
• Violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct;
• Scans or tests the vulnerability or security of our Services or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our Services;
• Contains your personal information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate, or that contains another person's personal information or otherwise invades another's privacy;
• Contains any information (such as insider, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law;
• Advertises the products or services of others or contains links to third-party web sites or solicits business for products or services other than those that are offered and promoted on the Services
• Contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Services or our systems and or create or impose a large burden or load on our Services or systems; or
• Infringes any third party's intellectual property rights including but not limited to copyright, patent or trademark right.

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.

 

16. Fees & Payments

Vendors: Vendors with valid Vendor accounts may purchase additional paid services (e.g. subscriptions). Such services will be subject to additional terms (e.g. the Terms and Conditions of Sale for paid listings and the Digital Advertising Terms and Conditions for the purchasing of advertising).

 

We may add new services for additional fees and charges at any time in our sole discretion. 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. 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,

• THE SERVICES WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
• THE INFORMATION ON THE SERVICES WILL BE ACCURATE OR UP TO DATE,
• THE SERVICES OR THE INFORMATION TRANSMITTED TO OR FROM THEM OR STORED ON THEM WILL BE SECURE FROM UNAUTHORISED ACCESS,
• INFORMATION AND CONTENT THAT YOU STORE IN YOUR ACCOUNT OR ON THE SERVICES WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR
• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

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.

 

18. 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 17 shall not limit or exclude the Bvaah 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.

 

19. 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.

 

20. 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.

 

If you are a Vendor, after your relationship with us is terminated for any reason, we shall be entitled to retain and display all reviews associated with you on the Services as well as basic directory information, including, without limitation, business name, mailing address, website address and telephone number.

 

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.

 

21. 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.

 

22. 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 25.

 

23. 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.

 

24. General Provisions

• Statute of Limitations. You agree that regardless of any law to the contrary (including any relevant statutes of limitation), any claim or cause of action that you may have arising out of or related to the use of the Services, or these Terms, must be filed by you promptly after such claim or cause of action accrued.
• Section Headings. The section headings used herein are for convenience only and shall not be given any legal import.
• Changes. We retain the right to revise our Services at any time for any reason including without limitation to comply with any applicable law or regulation. It is your responsibility to review these Terms periodically.
• No Agency. You hereby agree and acknowledge that your provision of services and/or your use of the Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate us in any manner whatsoever.
• No Third-Party Beneficiaries. The Terms are not intended to benefit any third party, and do not create any third-party relationship. Accordingly, the Terms may only be invoked or enforced by you or us.
• No Assignment. The Terms are personal to you and you may not assign them to anyone.
• No Modification by Trade Usage/Prior Course of Dealing. The Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by its express terms.
• Failure to Enforce. A failure to enforce at any time any of the provisions of the Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
• Unenforceability. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
• Prevailing Terms. To the extent there is any conflict between these Terms and any other document entered into between you and Bvaah, with the exception of the Terms and Conditions of Sale, these Terms shall prevail unless the other document specifically states that it shall prevail.
• Entire Agreement. These Terms and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Services, constitute the entire agreement between us and you with respect to the Services.

 

25. 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:

 

• Copyright Misuse Procedure - Once you submit a completed copyright misuse form, Bvaah will review your request and will inform you if your request can be fulfilled within 90 days from the date of your submission or otherwise required by law.
• Trademark Misuse Procedure - Once you submit a completed trademark misuse form, Bvaah will review your request and will inform you if your request can be fulfilled within 90 days from the date of your submission or otherwise required by law.
• Abuse Reporting Procedure - If you believe there is abuse on our website according to the Terms, report the abuse using the abuse reporting form. Once you submit a completed abuse reporting form, Bvaah will review your request and will inform you if your request can be fulfilled within 90 days from the date of your submission or otherwise required by law.
• Account Inquiries Procedure - Once you submit a completed account inquiry form, Bvaah will review your request and will inform you if your request can be fulfilled within 90 days from the date of your submission or otherwise required by law.
• Appeal Procedure - If you believe your Submitted Content was wrongfully removed from Bvaah or if you want to appeal a decision Bvaah made with respect to your submission using our internal reporting system, submit an appeal using the appeal form. Once you submit a completed appeal form, Bvaah will review your request and will inform you if your request can be fulfilled within 90 days from the date of your submission or otherwise required by law.
• General Request Procedure - If you have a general request not covered by the other forms in the internal reporting system, submit your general request using the general request form. Once you submit a completed general request form, Bvaah will review your request and will inform you if your request can be fulfilled within 90 days from the date of your submission or otherwise required by law.