WELCOME TO WEDAWAYS, INC.’S (“WEDAWAYS” OR “WE”) INTERNET WEB SITE LOCATED AT WWW.WEDAWAYS.COM (THE “SITE”).
WE WILL INDICATE THE DATE THESE TERMS WERE LAST REVISED. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES.
WEDAWAYS reserves the right to, without notice and for any reason, modify or remove content from this Site, suspend or terminate the operation of the Site and deny access to any user to all or part of this Site.
WEDAWAYS is a Destination Wedding & Honeymoon Resource Marketplace. Engaged Couples & Travelers select and/or are matched to Properties, Venues, Wedding Planners, Wedding Production Teams (Vendors), Travel Companies (travel agents, travel agencies and tour operators) who sell Wedding Venue Space, Wedding Planning & Production Services, Guest Accommodations, Travel Services such as hotels, transportation, itineraries and tours (collectively “Service Providers”). WEDAWAYS does not sell or operate any Wedding Venues, Hotels, Wedding Planning or Travel Services.
CLIENT MEMBER ELIGIBILITY AND ACCOUNTS:
WEDAWAYS Services (as defined below) are available only to individuals who can form legally binding contracts. To become a member of the Site (“Member”) and use WEDAWAYS services available from the Site, you must register for a WEDAWAYS account (“Account”). You must safeguard the Member ID and password you use to access this Site.
During Membership registration, you will be prompted to provide to us certain personal information, including but not limited to your full name, phone number, email address. In addition, we may also ask you for your credit card information. These kinds of personal information are used for billing purposes, to fulfill your requests, to communicate with you about your order and the Site, and for internal marketing purposes. If we encounter a problem when processing your order, your personal information may be used to contact you. We use a credit card processing company to charge your Membership fee. These companies do not retain, share, store or use personally-identifiable information for any secondary purposes.
When our website asks you to enter sensitive billing information (e.g., credit card number), that information is encrypted and is protected through the use of “Secure Socket Layers” (SSL), an industry standard encryption method.
By registering as a Member, you acknowledge and agree that you contract directly with the Site’s Service Providers to buy Hospitality, Travel Company Services, and/or Wedding Planning & Production Services. Upon acceptance of a bid, proposal or agreement to provide the Wedding Venue, Accommodations, Travel Company Services, Wedding Planning Services, all providers agree to provide the Services according to the terms of the final bid, the final agreement, or other terms agreed to by the Service Provider and Member and/or Traveler. WEDAWAYS is not a party to any contract for any purchase and sale of Hospitality, Travel Company Services, and Wedding Planning & Production Services on the Site, including, without limitation, Venue Proposals, Trip Plans, Sample Itineraries or Wedding Planning Proposals. All rights and obligations for the purchase and sale of any Hospitality, Travel Company Services, and Wedding Planning & Production Services including, without limitation, the purchase and sale of Hospitality, Travel Company Services, and Wedding Planning & Production Services, are solely between the Service Providers and Members and/or Travelers. Each Service Provider is solely responsible for the enforcement and performance of its rights and obligations for the purchase and sale of Hospitality, Travel Company Services, and Wedding Planning & Production Services including, without limitation, Hospitality, Travel Company Services, and Wedding Planning & Production Services.
WEDAWAYS may be involved in the facilitation of contracting between the Service Providers and Members. WEDAWAYS has no control over and does not guarantee the quality, safety or legality of Hospitality, Travel Company Services, and Wedding Planning & Production Services advertised or provided on and/or through the Site, the truth or accuracy of listings, the qualifications, background, or abilities of Members, the ability of Travel Companies to deliver Services, the ability of Travelers to pay for Services, or that a Travel Company or Traveler will actually complete a transaction. Travel Company and Traveler must look solely to the other for enforcement and performance of all the rights and obligations pursuant to the transactions it entered into with the other on the Site, and any other terms, conditions, representations, or warranties associated with such dealings.
WEDAWAYS may transfer (or make available) your personal information with our affiliates and authorized Service Providers that perform certain services or functions on our behalf. We will share aggregated demographic information with our partners and advertisers. This information is not linked to any specific personal information that can identify any individual person.
We partner with airlines, hoteliers, hospitality management, travel agents, agencies and specialists, wedding planners and other partners to provide specific products and/or services. When you sign up for Membership, we will share names, or other contact information that is necessary for the third party to provide these products and/or services. These parties are allowed to use personally identifiable information only for purposes of providing these products and/or services.
SUSPENSION OF YOUR ACCOUNT
* SERVICE PROVIDER ELIGIBILITY AND ACCOUNTS
WEDAWAYS Services (as defined below) are available only to legal entities and individuals in business who can form legally binding contracts. To become a Member of the Site (“Member”) and use WEDAWAYS services available from the Site, you must register for a WEDAWAYS account (“Account”). You agree to provide true, accurate and complete information, and update such information to maintain its truth, accuracy and completeness. Misleading information about your location, vocation, and/or identity is not allowed on WEDAWAYS. You must safeguard the Member ID and password you use to access this Site.
If you are a Service and/or Product Provider that wishes to provide Hospitality, Travel Company Services and Wedding Planning & Production Services through the Site, you must complete the registration process. As a Service and/or Product Provider, you acknowledge and agree that your Account may be subject to verification as well as editorial and Feedback (as defined below). *
SCOPE OF SERVICES
WEDAWAYS provides services (“WEDAWAYS Services”) that facilitate transactions between (a) Members who are Engaged Couples and/or travelers (each, a “Member or Traveler”) and are eligible to request information about Hospitality, Travel Company Services and Wedding Planning & Production Services (as defined herein) that such Member needs and is interested in purchasing (each, an “RFP”) or to inquire or purchase Hospitality, Travel Company Services and Wedding Planning & Production Services, and (b) Service Providers who are Hospitality, Travel Company Services and Wedding Planning & Production Services who offer Hospitality, Travel Company Services and Wedding Planning & Production Services to Members. Hospitality, Travel Company Services and Wedding Planning & Production Services are defined as services offered by the Service Provider to Members on WEDAWAYS Site, including but not limited to proposals submitted by Hospitality, Travel Company Services and Wedding Planning & Production Services in response to a Member’s RFP.
The Site will facilitate (a) Member’s ability to define and source Hospitality, Travel Company Service and/or Wedding Planning & Production Service by sending a message or an RFP in order to engage Hospitality, Travel Company Service and/or Wedding Planning & Production Service directly; (b) Member’s ability to learn about, inquire, commit to procure Production, or procure Hospitality, Travel Company Service and/or Wedding Planning & Service; (c) Hospitality, Travel Company Service and/or Wedding Planning & Production Services abilities to advertise their capabilities, bid on RFPs, and provide Hospitality, Travel Company Services and/or Wedding Planning & Production Services directly to Members; (d) other services that WEDAWAYS may offer through the Site.
You should assume that all text, graphics, interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned or licensed* by or to WEDAWAYS, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.
You may not reproduce, republish, post, publicly display, transmit or distribute any Content unless expressly permitted in these Terms or elsewhere on the Site.
WEDAWAYS takes no responsibility and assumes no liability for any Submissions posted or submitted by you. We reserve the sole discretion to determine whether to publish or use your Submissions. You are fully responsible for the content of your Submissions and will be solely liable for any damages resulting from any violation of any law or the rights of WEDAWAYS or any other person, or any other harm resulting from your Submissions.
We may send you email newsletters or updates about WEDAWAYS products, services, promotions, and travel trends that may be of interest to you. Should you wish to opt out of receiving newsletters or updates from WEDAWAYS in the future, please let us know by clicking on the “unsubscribe” link within the e-mail that you received from us.
Blogs or other Public Forums:
When you comment on our Blog or other public forum, we may collect your name, email address as well as any comments, suggestions and other feedback you provide as postings to our Blog. We may use your comments, suggestions or feedback to monitor and/or improve our product and service offerings and our Site.
We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on the Site and on the third-party social networking websites, plug-ins and applications, and to provide you with other products or services you may request.
Translations and Maps:
If any content created by Hospitality, Travel Company Service and/or Wedding Planning & Production Service Provicers or users is translated for display on the Site, WEDAWAYS cannot guarantee the accuracy or quality of such translation and the user is solely responsible for the review, verification and accuracy of such translation. Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.
Links to Third-Party Sites:
This Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
Content, Layout and Copy:
All content and copy edits submitted by Members and/or Service Providers are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any Member or Service Provider. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our content guidelines or formatting requirements.
Uses of Our Trademarks or Logos:
Without express permission granted by WEDAWAYS, no Member or Service Provider may use our trademark or logo without specific prior written authorization.
The WEDAWAYS name and logo are trademarks or registered trademarks in the United States and other jurisdictions around the world. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, etc. contact us at email@example.com
Property Appearance in Search Results:
We cannot guarantee that your property will appear in any specific order in search results on the Site. Search order will fluctuate based on a variety of factors such as search parameters, traveler preferences, response time, and other factors that we may deem important to the user experience from time to time. Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular traveler. We reserve the right to apply various search algorithms or to use methods to optimize matching results for particular Users experiences and the overall marketplace.
You agree to defend, indemnify and hold harmless WEDAWAYS and its affiliates and their respective directors, officers, employees and agents from and against all demands, losses, liability, claims or expenses, including attorneys’ fees, made against WEDAWAYS by any third party due to or arising out of or in connection with your use of the Site.
ADDITIONAL RULES AND CONDITIONS:
Hospitality, Travel Company Services and/or Wedding Planning & Production Services that you select will have their own payment and cancellation policies, separate from WEDAWAYS. Please read them carefully.
These Terms shall be governed by the laws of California, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts located in California, in all questions and controversies arising out of your use of this site and this Agreement.
The relationship between WEDAWAYS and Hospitality, Travel Company Services and/or Wedding Planning & Production Services will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
USE OF THE SITE:
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms or that infringes the rights of WEDAWAYS or others.
You also agree not to: (i) make any false, speculative or fraudulent inquiry, request or reservation; (ii) access, monitor or copy any content or information of this Site using any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or any similar process; (iii) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (iv) use any device, software or routine to interfere with the proper working of the Site, any transaction being conducted on the Site or any other person’s use of the Site; or (v) attempt to gain unauthorized access to the Site or any systems or networks connected to the Site by hacking or any other illegitimate means.
Sale of Business:
We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of WEDAWAYS or as part of a corporate reorganization or other change in corporate control.
WEDAWAYS, and our US and international affiliates and service and/or product providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or a contravention of law, or as required or permitted by US or other foreign law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims, to investigate or prevent actual or suspect loss or harm to persons or property.
Additional Terms and Conditions Applicable to Online Booking
In addition to being bound by the other terms set forth herein, users and Members who may use the WEDAWAYS portal to book online or any other tool provided by us or a third-party provider on the Site enabling users to book and/or pay for the Hospitality, Travel Company Services and/or Wedding Planning & Production Services online on WEDAWAYS are also bound by the following terms, which are in addition to any other terms applicable in connection with using the Site. .
You hereby acknowledge and agree that (i) you are fully responsible for such terms and conditions, (ii) any contract uploaded or copy and pasted into the Dashboard (or other online booking tool on the Site) by either party, is used solely at their own risk and expense, (iii) nothing contained in the Dashboard, these Terms or any contract is a substitute for the advice of an attorney and (iv) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any contract to ensure compliance with federal, state and local law and their particular circumstances, and to revise the contract as necessary to accurately represent the property, rules, features, etc.
NO WARRANTIES; LIMITATION OF LIABILITY
IN NO EVENT WILL WEDAWAYS, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “WEDAWAYS”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON WEDAWAYS, BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
WHILE WEDAWAYS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, WEDAWAYS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. THE PROPERTIES, INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, WEDAWAYS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PROPERTIES AND OTHER WEDDING/TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES AND GENERAL PRODUCT DESCRIPTIONS), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, WEDAWAYS EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE. THE PROPERTY OWNERS/MANAGEMENT AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES IN CONNECTION WITH THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WEDAWAYS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BY OFFERING TRAVEL PRODUCTS AND SERVICES LOCATED IN PARTICULAR DESTINATIONS, WEDAWAYS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THE SITE ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER. IN NO EVENT SHALL WEDAWAYS, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THIS SITE OR THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WEDAWAYS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If, despite the limitation above, WEDAWAYS, its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then WEDAWAYS, its affiliates or their respective suppliers liabilities will in no event exceed the greater of the total related deposit revenue paid by you to the property and/or wedding planner and/or production teams and/or travel company at the time of the occurrence or USD $100.00.
© 2016 WEDAWAYS. All rights reserved.