Thank you for using The Wedding Inventory (the “Site”). These terms of service (“Terms”) cover your use and access to the products, services, software, platform, marketplace and Sites (collectively “Services”) provided by Apeiron Media Holdings (PTY) LTD and any of our affiliates (collectively “ The Wedding
1.2 By using our Services, you agree to be bound by these terms and conditions.
1.3 If you are using our Services as the employee or agent of an organisation, you are agreeing to these Terms on behalf of that organisation.
1.4 By using this Site you confirm that you are eighteen years or older and therefore able to enter a contract with The Wedding Inventory.
1.5 By using this site you agree and acknowledge that by using the Service you are accepting a benefit that cannot be discharged or transferred to or by a third party.
1.6 These terms and conditions become effective when you access the Site for the first time and constitute a binding agreement between The Wedding Inventory and the User. The current terms and conditions will govern our respective rights and obligations each time you access this site.
1.7 Your continued use of the Services and Site will signify your acceptance of the changes. If you do not accept the changes your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site and you should always review them prior to using the Site.
2.1 The word “User” refers to an individual, entity or anyone who accesses, browses, crawls, scrapes, or in any way uses the Site and it includes any consumer or business who posts on the Site by way of any interface with the Site.
2.2 The terms “You” and “your” refer to an individual or entity that interacts with the site whether as a registered user or not.
2.3 The words “we”, “us” and “our” refers to The Wedding Inventory; a venture of Apeiron Media Holdings (PTY) LTD.
2.4 The words “list” or “listing” refers to the offering for sale, placing of or creating of any type of wedding related product and/or service on the site by the user.
2.5 The word “Registered User” refers to an individual or entity who has registered an account on the site including any juristic or professional entity that advertises on our Site, any consumer wishing to post a review or a business who responds to any review.
2.6 The terms “Advertiser” refers to any registered user that makes use of the site’s paid listing services.
3. OVERVIEW AND ELECTRONIC COMMUNICATION
3.1 The Site is intended as an interactive listing site for wedding related products and services by the site’s user.
3.2 The Wedding Inventory is not involved in any sale and or purchase of any goods and services on the site, save for providing its user a venue for the listing of goods and or services.
3.3 All information on the site is intended as general information about the products and services as displayed by its users and we furthermore cannot be held liable for the correctness nor can we warrant the correctness that the information and or the representations made by the users on the site.
3.4 You are encouraged to read these terms and conditions as it constitutes a binding agreement between you as the user of the site and us.
3.5 Any reference to or use of a product, service or process of a third party does not imply recommendation, approval or affiliation of the product, service or process by us.
3.6 When you visit the Site or send emails, you are communicating with us electronically. You therefore consent to receive communication from us electronically. We will communicate with you by e-mail or posting notices on the Site.
3.7 You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
3.8 You agree to provide us with, and maintain in your account profile with us, your current and active email address as well as current physical address.
4. RIGHTS AND OBLIGATIONS OF THE USER
4.1 In order for you as a User to benefit from all the features of the Site you will need to register with us as a Registered User by following the online prompts.
4.2 You will be required to provide certain information about yourself including but not limited to, your name, date of birth, contact numbers, and email address, employment information, payment information.
4.3 As a Registered User you will be able to interact with other users on the site list your wedding related products and services for the express purpose of selling or offering a service to the user of the site.
4.4 You need to ensure that the information provided in all listings are correct, complete and not misleading to the user. Failing of which we reserve the right to remove your listing without notice.
4.5 The users of the site will also have the option of giving a rating out of five stars and posting feedback on the Site regarding the products and or service listed. You may only post feedback in relation to the Advertiser who created the listing and only limited to the product or service used via the site.
4.6 The Advertiser agrees to accept the rating and reviews by the user in relation to any wedding related product and or service as listed on the site
4.7 Should the average listing be rated below three stars we reserve the right to immediately remove the listing from the site without notice.
5. ADVERTISER LISTINGS
5.1 Use of the term “Listing” by The Wedding Inventory and on our site is only meant to describe Advertisers who sell and or offer services on the Site.
5.2 The Wedding Inventory makes every effort to verify but cannot warrant or guarantee an Advertiser’s purported identity.
5.3 The Wedding Inventory cannot and does not represent, warrant or guarantee the truthfulness and accuracy of the credentials of Users and information provided by Users.
5.4 You therefore confirm that The Wedding Inventory will not be responsible or liable for any loss or damage caused by your reliance on any information of content described in its listings.
5.5 When a user of the site engages with listings on the site they will be required to submit a contact form to the advertiser, to which the user agrees that all the information entered into the form fields will be sent to the advertiser.
6. PRIVACY AND SECURITY
6.1 The Wedding Inventory receives various types of information from the Users who access the Site.
6.2 While we will make every effort to protect any information received by it, it is possible for internet based communication to be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured nor guaranteed.
6.3 The Wedding Inventory will not be held responsible for any damages the User or any third party may suffer as a result of transmission of confidential or personal information that the User submits to us through the internet, or for the information that the User expressly or implicitly authorises The Wedding Inventory to receive, or for any changes and or errors made to any transmitted information.
6.4 Communications on this Site is not confidential and shall not be the subject of any privileges.
6.5 Communications on this Site are limited and do not involve in-person evaluations, or visits, and do not include safeguards and procedures typical of in-person evaluations
7. THE SITE
7.1 The Site is a venue for promotional wedding purposes to allow Advertisers to list products and services.
7.2 Users of the Site, not The Wedding Inventory provide the content by creating listings (as defined above in clause 2.3).
7.3 Users are not employees or agents of The Wedding Inventory but are independent service providers using the Site to sell their user knowledge to other users.
7.4 The Wedding Inventory is not involved in the dealings between users of the site and does not endorse or recommend particular users or advertisers.
7.5 You understand that The Wedding Inventory cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of the listings.
7.6 The Wedding Inventory will not be liable for any acts or omissions of the User, Advertisers or content in Listings, or the ability of the User or Advertisers to provide products or services.
7.7 The Wedding Inventory cannot ensure that a User will complete a transaction. Notwithstanding the foregoing, The Wedding Inventory reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site.
8. LISTINGS AND CONFIDENTIALITY
8.1 The Site is internet based. Information and materials submitted in the content of your questions, answers and requests, responses, profiles, signatures, qualifications, comments, listings and other places where User’s communicate on the Site (collectively “Listings”) is not private, nor is it protected by attorney- client privilege, doctor –patient or any other privilege, and it may be read, collected, and used by others.
9. USER ACCOUNTS
9.1 When you register as a User on the Site, you can establish a user name and password for access to your online account.
9.2 You are responsible for maintaining the confidentiality of your user name, password and account data, and that you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account.
9.2 You will immediately notify The Wedding Inventory of any unauthorised use of your password or account.
9.3 We advise that you only create one account on the Site.
9.4 If your account has been suspended or terminated, you may not open another account on the Site.
9.5 You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information.
9.6 You agree that any content you provide on the Site and your use of our Site shall not:
(a) be fraudulent, inaccurate or misleading;
(b) Infringe any third party’s proprietary rights;
(c) be illegal or violate any state or local law, statute, ordinance, regulation or ethical code;
(d) Have the aim of competing with The Wedding Inventory;
(e) Be defamatory, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography;
(g) contain any viruses, malware, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) Create liability for us or cause us to lose (in whole or part) the services of our User or other suppliers.
10. SUSPENSION OR TERMINATION OF SERVICES
10.1 You may terminate your service and account at your sole discretion and at any time by written notice via email to [email protected].
10.2 Terminations will typically be effective within seven business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account.
10.4 At any time, with or without notice, for any or no reason, The Wedding Inventory reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Services, and to restrict, suspend or terminate a User’s account.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All elements of the site, including but not limited to the images, text, databases, icon, hyperlinks, software, private information, photographs, graphics, illustrations, artwork, design, names, logos and trademarks (collectively, the “Content”), are protected by copyright, trademark, design and other South African and international laws relating to intellectual property.
11.2 The User may access, download, view and print content from the site for private and non-commercial purposes. No portion or element of the Site or the Content contained thereon may be reproduced or transmitted via any means.
11.3 The site, its Content and all related rights shall remain the exclusive property of The Wedding Inventory.
11.4 Any email addresses, names, telephone numbers and fax numbers appearing on the Site may not be incorporated by any third party into any database or used or any marketing or other purposes whatsoever.
11.5 The trademarks, names, logos, and service marks (collectively “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of The Wedding Inventory. Nothing on the Site should be construed as granting any license or right to use any Trademarks without the written permission of Apeiron Media Holdings (PTY) LTD.
11.6 Except as specified in these terms and conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property rights in or to the Content and Trademarks.
11.7 All rights in and to the Content and Trademark is reserved and retained by The Wedding Inventory.
12. PERMISSION FOR HYPERLINKS
12.1 No User may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “Linking”), to the Site or any subsidiary pages before receiving The Wedding Inventory’s prior written approval, which may be withheld or granted subject to the conditions The Wedding Inventory may specify from time to time.
12.2 An application for Linking must be submitted to [email protected].
12.3 Once received The Wedding Inventory will do its best to respond and enter into further discussions with the User. If the User does not receive a written response from The Wedding Inventory within 5 business days after submitting the request, the User must consider the request as having been rejected.
12.4 A breach of this provision entitles The Wedding Inventory to take legal action without prior notice to the User and the User agrees to reimburse The Wedding Inventory with the costs associated with such legal action, on an attorney and own client scale.
13. DISCLAIMER AND LIMITED LIABILITY
13.1 Notwithstanding the fact that hyperlinks exist in the terms and conditions, to facilitate access to notices, policies and legislation that are incorporated into the terms and conditions, the User agrees that in those instances, where some or all of the hyperlinks malfunction or are not operational, such occurrence shall not affect the validity or enforceability of the terms and conditions.
13.2 The User undertakes to, at their own convenience and discretion, review and acquaints themselves with necessary documents and/or terms.
13.3 External links may be provided for your convenience, but they are beyond the control of The Wedding Inventory, and no representation is made as to their content. Use of reliance on any external links provided is at the User’s own risk. When visiting external links you must refer to that external Site’s terms and conditions of use. No hypertext links shall be created from any Site controlled by you or otherwise to the Site without the express prior written permission of The Wedding Inventory.
13.4 No warranty, whether express or implied, is given that any files, downloads, or applications available via the Site is free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of the User’s computer, database, network or other information system.
13.5 Although the Wedding Inventory has taken reasonable care to ensure that the Content on the site is accurate and that the User will not suffer loss or damage as a result of the use of the Site, use of the Site is entirely at the User’s own risk. The User assumes full responsibility for any loss or damage resulting from their use of the Site and their reliance on any of the Content or any part/s thereof, contained on the Site.
13.6 The Wedding Inventory makes no warranty or representation as to the availability, accuracy or completeness of the Content, which may include typographical errors.
13.7 Neither The Wedding Inventory nor any affiliate or subsidiary of The Wedding Inventory shall be held liable for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered, or incurred, relating to the use of, or the inability to access or use the Content or the Site or any functionality thereof, or of any linked Site, even if The Wedding Inventory was expressly advise of this.
The User unconditionally and irrevocably indemnifies and holds The Wedding Inventory harmless against all and any loss, liability, actions, lawsuits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay of performance of the services offered on the Site, the use of the services offered on the Site, the Content available on the Site or any other matter, directly, or indirectly, related to the User’s use of the Site, whether due to Apeiron Media Holdings (PTY) LTD’s negligence or not.
15. TERRITORIAL JURISDICTION
15.1 This Site is controlled, operated and administered by The Wedding Inventory from its offices within the Republic of South Africa.
15.2 The Wedding Inventory makes no representation that the Content is appropriate or available for use in any other location/s or countries.
15.3 Access to the Site from territories or countries where the Content is illegal is prohibited.
15.4 The User may not use this Site in violation of South African export laws and regulations.
15.5 If the User accesses this Site from locations outside of South Africa, that User is responsible for compliance with all local laws.
15.6 These terms and conditions shall be governed by the laws of the Republic of South Africa and the User consents to the jurisdiction of the Magistrate Court.
16.1 The headings of the clauses in the terms and conditions are provided for convenience and ease of reference and will not be used to interpret, modify or amplify the terms and conditions.
16.2 The terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the Terms of Service.
16.3 The Wedding Inventory’s failure or delay to exercise any particular right or provision of the terms and conditions shall not constitute a waiver of such right or provision, whether this is done expressly or implied, nor will it affect the validity of any part of these terms and conditions or prejudice The Wedding Inventory rights to take subsequent action against the User, unless acknowledged and agreed to by The Wedding Inventory in writing.
16.4 Neither the User nor The Wedding Inventory shall be bound by any express, tacit or implied representation, warranty, promise nor the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral between the User and The Wedding Inventory in respect of the subject matter hereof.
16.5 The Wedding Inventory shall be entitled to cede, assign, and delegate all or any of its right as and obligations in terms of these terms and conditions.
17. FORCE MAJEURE
17.1 Should The Wedding Inventory be prevented from fulfilling any of its obligations to the User as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as The Wedding Inventory is so prevented from fulfilling them and the User’s corresponding obligations shall be suspended to the corresponding extent.
17.2 In the event that force majeure continues for more than ten business days after it has first occurred then The Wedding Inventory shall be entitled, but not obliged, to terminate all of its rights and obligations in terms of or arising out of these terms and conditions by giving notice to the User.
17.3 An event of force majeure shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitous, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, any requirement of any government or other competent local authority, any court order, export control, or shortage of transport facilities.
18. ENTIRE AGREEMENT
18.1 The terms and conditions, as varied by The Wedding Inventory from time to time, constitute the entire and sole agreement between The Wedding Inventory and the User with regard to the use of the Site.