Last updated: January 2020
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Wedding Club, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old, and The Wedding Club are committed to complying with the Children’s Online Privacy Protection Act (“COPPA”).
By making a purchase from www.theweddingclub.net, you understand and agree that www.theweddingclub.net may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.
This website may contain errors and may not be complete or current. www.theweddingclub.net therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability, and we reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
THEWEDDINGCLUB.NET WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY THEWEDDINGCLUB.NET ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THEWEDDINGCLUB.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT THE WEBSITE OR EMAILS SENT FROM THEWEDDINGCLUB.NET ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE THEWEDDINGCLUB.NET WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, THEWEDDINGCLUB.NET DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
To the fullest extent allowed by applicable laws, neither www.theweddingclub.net nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this website, email sent in connection with this website or any other website linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if www.theweddingclub.net is notified in advance of the potential for any such damages. These terms are binding in South Africa but some other jurisdictions limit consumer limitations of liability, so some or all of the provisions above may not apply to you.
www.theweddingclub.net does not make any representations or warranties about any website you may access through this website. Any such website is independent from www.theweddingclub.net, and www.theweddingclub.net has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between www.theweddingclub.net and another website does not mean that www.theweddingclub.net endorses that website. You need to make your own independent decisions regarding your interactions or communications with any other website.
www.theweddingclub.net does not want to receive confidential, proprietary or trade secret information through this website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to www.theweddingclub.net will be deemed non-confidential. And, by submitting any such information, you are granting www.theweddingclub.net an irrevocable, perpetual and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, including advertising.
www.theweddingclub.net has the right but assumes no voluntary duty to monitor and edit or remove any comments or product review (“Comments”) posted by users on this site. You are solely responsible for the Comments you post on or through this site, for their accuracy, and for the consequences of submitting and posting those Comments. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Comments posted on the site is at your own risk to the fullest extent allowed by applicable law. For example, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any Comments and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could in any way affect the operation of this site.
Your www.theweddingclub.net Account:
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify The Wedding Club of any unauthorized uses of your account or any other breaches of security. The Wedding Club will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. As set forth below, you also agree to indemnify The Wedding Club for violating these terms.
Responsibility of Contributors:
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or any other medium. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Wedding Club or otherwise.
By submitting Content to The Wedding Club for inclusion on your Website, you grant The Wedding Club a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, The Wedding Club will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, The Wedding Club has the right (though not the obligation) to, in The Wedding Club’s sole discretion (i) refuse or remove any content that, in The Wedding Club’s reasonable opinion, violates any The Wedding Club policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Wedding Club’s sole discretion. The Wedding Club will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal; General Terms:
By selecting a product or service, you agree to pay The Wedding Club the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Unless you notify The Wedding Club before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to The Wedding Club in writing.
Services Fees; Payment:
By signing up for a services account you agree to pay The Wedding Club the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. The Wedding Club reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Wedding Club.
If your service includes access to priority email support, the following applies to you. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by The Wedding Club to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free www.theweddingclub.net services. All support will be provided in accordance with The Wedding Club standard services practices, procedures and policies.
Responsibility of Website Visitors:
The Wedding Club has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The Wedding Club does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that, unknown to The Wedding Club, violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Wedding Club disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites:
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.weddingclub.net links, and that link to www.theweddingclub.net. The Wedding Club does not have any control over those non-The Wedding Club websites and webpages, and is not responsible for their contents or their use. By linking to a non-The Wedding Club website or webpage, The Wedding Club does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Wedding Club disclaims any responsibility for any harm resulting from your use of non-The Wedding Club websites and webpages.
Copyright Infringement and DMCA Policy:
As The Wedding Club asks others to respect its intellectual property rights, it respects the intellectual property rights of others. The Wedding Club may, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you believe that material located on or linked to by www.theweddingclub.net violates your copyright, you are encouraged to notify The Wedding Club in accordance with The Wedding Club’s Digital Millennium Copyright Act (“DMCA”) Policy set forth below. (see DMCA process at the end of this document)
You may contact The Wedding Club by sending an email to info[at]theweddingclub[dot]net.
The Wedding Club will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Wedding Club will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Wedding Club or others. In the case of such termination, The Wedding Club will have no obligation to provide a refund of any amounts previously paid to The Wedding Club.
This Agreement does not transfer from The Wedding Club to you any The Wedding Club or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Wedding Club. The Wedding Club, www.theweddingclubnet, the www.theweddingclub.net logo, and all other trademarks, service marks, graphics and logos used in connection with www.theweddingclub.net, or the Website are trademarks or registered trademarks of The Wedding Club or The Wedding Club’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Wedding Club or third-party trademarks.
The Wedding Club reserves the right to display advertisements on the blog.
The Wedding Club reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Wedding Club may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Wedding Club may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.theweddingclub.net account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by The Wedding Club if you materially breach this Agreement and fail to cure such breach within thirty (30) days from The Wedding Club’s notice to you thereof; provided that, The Wedding Club can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties:
The Website is provided “as is”. The Wedding Club and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Wedding Club nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability:
In no event will The Wedding Club, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Wedding Club under this agreement during the twelve (12) month period prior to the cause of action. The Wedding Club shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty:
You agree to indemnify and hold harmless The Wedding Club, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between The Wedding Club and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Wedding Club, or by the posting by The Wedding Club of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of South Africa, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in South Africa.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the South African High Court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to reasonable costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Wedding Club may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send www.theweddingclub.net a notice at the address listed below requesting that we remove the material or block access to it, but you must include the following information:
(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii) Identification of the content that you believe to be infringing and its location. Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.
(iii) Your name, address, telephone number, and (if available) email address.
(iv) A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
(v) A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to info[at]theweddingclub[dot]net. We suggest that you consult your legal adviser before filing a notice or counter-notice.