Terms & Conditions

Terms and Conditions

All contents of this Web site are: Copyright © 2011 The Wedding Inbox Limited (hereinafter referred to as ‘TWI’). All rights reserved. The Wedding Inbox Limited is a company registered in England, No. 07036357, Registered Office:

Nena House

Ground B

77-79 Great Eastern Street

London

EC2A 3HU

The Wedding Inbox, The Wedding Inbox Limited, TheWeddingInbox.com, TheWeddingInbox.co.uk, TheWeddingInbox.net, TheWeddingInbox.co.za, TheWeddingInbox.com.sg, TheWeddingInbox.com.au and/or services referenced herein are trademarks or registered trademarks of The Wedding Inbox Limited. Other product and company names mentioned herein may be the trademarks of their respective owners.

You can contact The Wedding Inbox by:

Email: info@theweddinginbox.com

Telephone: 0845 5192115 during normal office hours

Post: The Wedding Inbox, 2-4 Colton Street, Leicester, LE1 1QA

TWI Site Terms and Conditions

IMPORTANT

By accessing this Site, you agree to these terms and conditions. If you do not agree with these terms and conditions then you are not authorised to use or access this Site.

DEFINITIONS

"You" means the user of the Site, "we", "us" and "our" means The Wedding Inbox Limited and all of its associated and subsidiary companies, "Site" means the site on the World Wide Web located at TheWeddingInbox.com, TheWeddingInbox.co.uk, TheWeddingInbox.net, TheWeddingInbox.co.za, TheWeddingInbox.com.sg, TheWeddingInbox.com.au , and "Content" means the information and other material available within the Site.

“Supplier joining date” means the date on which TWI accepted the supplier as being enrolled on the TWI system as confirmed in writing whether by post, facsimile or email transmission.

“Minimum term” shall mean a period of twelve months from the supplier joining date or contract renewal date during which time a supplier may only upgrade their account with TWI but under no circumstances whatsoever will they be entitled to downgrade their account until the next contract renewal date and only on the basis that all payments due have been made. In the event of an account upgrade a new minimum term shall apply.

“Contract renewal date” shall mean the date upon which the supplier is re-enrolled onto the TWI system for a further minimum term.

RIGHTS GRANTED/RIGHTS RESERVED

The Content is for your personal use only. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the Content.

AVAILABILITY OF THE WEBSITE

You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in the Site at any time.

NO WARRANTY

The Site and the Content is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Site or the Content, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose. You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.

LIABILITY

In no event shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers has been advised of the possibility of such loss or damage.

Your statutory rights in relation to any goods or services purchased through the Site are not affected.

USE OF WEBSITE FACILITIES

You agree to use the personal web pages, message boards, chat rooms, or other message or communication facilities (collectively "Website Facilities") contained on the Site only to send and receive messages and material that are proper and related to the particular Website Facility and agree to use the Site and any Community Facility contained on it in accordance with all relevant laws and not for any illegal purpose.

You agree that when using a Website Facility or any other part of the Site, you shall not do any of the following:

Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, indecent, lewd, libellous, invasive of another's privacy, hateful, menacing in character, racially, ethnically or otherwise objectionable; likely to cause annoyance, inconvenience or needless anxiety.

Upload, post, email or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.

Upload, post, email or otherwise transmit any private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses and credit card numbers without expression permission of that third party.

Falsely impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Upload or transmit any computer viruses, macro viruses, trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Use any Website Facility or other part of the Site in a way that may cause the same to be interrupted, damaged, rendered less efficient or impaired.

Attempt any unauthorised access to any part or component of a Website Facility or any other part of the Site.

Download any file posted by another user of a Community Facility that you know, or reasonably should know, cannot be legally distributed in such manner.

TWI considers e-mail transmitted via its service to be the private correspondence between the sender and the recipient. TWI will not monitor, edit, or disclose the contents of a user's private communications. TWI will not disclose to a third party, nor use for any purposes, e-mail addresses that have been entered by a user in the 'Address Book', 'Guest List' or 'E-mail a friend' sections. The exceptions being that we may do so;

* as required by law;

* to comply with legal process;

* if necessary to enforce TWI Terms and Conditions;

* to respond to claims that such contents violate the rights of third parties;

* to protect the rights, or others; and

* to identify or resolve technical problems or respond to complaints about the service.

TWI reserves the right at all times, for any reason, to withdraw any of the services offered on our website to any user.

You agree and understand that TWI will not be liable in any way for content or messages created by users.

TWI takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TWI liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, TWI is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although TWI has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, TWI reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

If you have a complaint about the use by any other user of any Website Facility, please email us at info@theweddinginbox.com

LINKS TO THIRD-PARTY SITES

This Site may contain hyperlinks to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.

INTELLECTUAL PROPERTY AND USE OF SOFTWARE

You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensors.

Your use of any software that is made available to download from the Site or via any hyperlink contained on the Site ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). You may not install, copy or use any Software that is accompanied by or includes a Licence Agreement unless you first agree to the terms of such Licence Agreement.

SECURITY

You are responsible for the security and proper use of all user names and passwords used from time to time in connection with the Site and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

You must immediately inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

If you forget or lose a password or user name you must contact us and satisfy such security checks as we may operate.

We reserve the right to suspend user name and password access to the Site and the Services if at any time we consider that there is or is likely to be a breach of security.

We reserve the right (in our sole discretion) to require you to change any or all of the passwords used by you in connection with the immediately Site.

You must inform us of any changes to the information you supplied when registering for the Site.

EMAILS - OPT IN

By registering your details on the TWI website, you are "opting in" to recieve emails from us. If you do not wish to receive future emails, please notify us at: info@theweddinginbox.com

VIEWER REVIEWS

Viewers may only leave reviews of suppliers actually used under an agreed contract between the viewer and supplier.

Suppliers will accept all reviews left by viewers unless proof of inaccuracy can be provided to TWI who will only remove such review at their discretion following their own independent investigation.

SUPPLIER REVIEWS

Suppliers may only leave reviews of viewers who have been or are their customers under an agreed contract between the supplier and the viewer.

SUPPLIER CALENDAR

If a calendar is made available to the supplier by TWI then it is the suppliers responsibility at all times to populate, use and maintain such calendar to the reasonable satisfaction of TWI. In the event of breach of this condition, TWI reserves the right to close the suppliers account and refund any full months payments made in advance by the supplier.

DORMANT ACCOUNTS

In the event that a viewers account remains inactive for a period of at least ninety days then TWI reserves the right to close the viewers account. In order to avoid this the viewer must log onto their account prior to the date of proposed closure.

PERFORMANCE

The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

RIGHTS OF SUPPLIER

The Supplier reserves the right to withdraw the Services from the Website at any time.

The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.

BUYER SUPPLIED CONTENT

For the duration of the Contract you grant the Supplier a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over any content supplied for inclusion on the website.

PURCHASE OF GOODS OR SERVICES FROM THIRD PARTIES

We will use our reasonable endeavours to indicate whether goods or services which are advertised on the Site are being offered for sale by us or by a third party. Goods are offered by a third party ("Third Party Goods") where:

(i) the Site contains a link to a third party site where you may choose to purchase any goods or services offered for sale on that site (whether or not such goods or services are advertised on the Site); or

(ii) you may make an enquiry with us regarding goods or services offered by any third party, we then pass that enquiry on to the relevant third party or you contact that third party yourself, and you may subsequently decide to purchase such goods or services.

Where you choose to purchase Third Party Goods, the contract governing such purchase shall be between you and the relevant third party and on the standard terms and conditions (if any) of such third party for the purchase of such goods or services.

You agree and acknowledge that you are solely responsible for evaluating Third Party Goods. You acknowledge any bookings or purchases of Third Party Goods made by you through the Site shall be subject to terms and conditions of the third party supplying the goods and/or services concerned and that we will not be a party to or any way responsible for or liable to you in respect of any transactions between you and third parties.

We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

PAYMENT

Payment can be made by Mastercard, Visa/Visa Debit on-line and Mastercard, Visa/Visa Debit and Switch. Currently, we do not accept American Express or Electron cards. Payment will be debited from your account before you can use the website services.

You confirm that the credit/debit card that is being used is yours.

The price of the Services shall be that stipulated on the invoice which shall be issued on each anniversary of the supplier joining date.

TWI reserves the right to amend the price at any time. However, the price will not change from the supplier joining date for the duration of any minimum term or part thereof until the contract renewal date save for manifest error or omission.

Payment of the price plus VAT for the Minimum term, if applicable, must be made immediately or in equal monthly instalments by direct debit to an account as notified by TWI. Payment must be made without deduction or set-off.

Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.

Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 4% per annum above the base rate of The Bank of England from time to time in force.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

CANCELLATION

TWI reserves the right to close suppliers accounts or viewers accounts at any time and at their sole discretion.

Please ensure that you own the rights to the pictures you submit for re-production and that you have obtained any relevant permission to use them in this way.

Regrettably, we will be unable to re-produce photographs for which you have not obtained the relevant consents.

You agree and undertake with TWI that you are the owner of the copyright in, or have authority to use, any material that you send to us for reproduction.

LIABILITY

Nothing in these Purchase Terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Our liability in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Purchase Terms or the performance or observance of our obligations under these Purchase Terms, and every applicable part of it shall be limited in aggregate to all sums paid by you to us.

In any event, we shall not be liable to you under, or in connection with these Purchase Terms in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent representations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential economic loss whatsoever.

Each provision of this Clause excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of our agreement.

FORCE MAJEURE

TWI shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.

MODIFICATION OF THESE TERMS AND CONDITIONS

We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.

GENERAL

These terms and conditions are governed by the laws of England and you hereby consent to the exclusive jurisdiction of the English courts.

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.