These terms and conditions (the “Supplier”, “Vendor” T&Cs) govern the relationship between (a) Engaged Media Ltd (Company number 14637089), trading as “KhushWedding.com” (“Provider”, “We”, “Us” and “Our”), who owns the website, www.khushwedding.com (“Website”), and (b) any supplier of services listed on and/or made available through the Website (“Supplier” and “Vendor”).
The Supplier T&Cs constitute a legally binding agreement between the Provider and the Supplier. Any Supplier who registers on and uses the Website agrees to the Supplier T&Cs. The Provider recommends that the Supplier saves his/her own copy of these Supplier T&Cs in a separate file on its PC or in print-out form.
The Provider does not authorise any Supplier to register with this Website unless the Supplier (a) is able to enter into legally binding contracts; and (b) agrees to comply with the Supplier T&Cs.
YOUR ACCEPTANCE OF THE TERMS
Similarly, some areas of the Services (including, without limitation, The Shop) are hosted or provided by our third-party hosts or service providers and are subject to additional terms and conditions of use, which are posted within those areas on such third parties’ websites. Please make sure you read and accept these additional terms and conditions before using these areas of the Services.
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.
SCOPE OF THE PROVIDER’S SERVICES
The Provider offers an online platform that enables wedding venues and wedding services suppliers (together “Suppliers, Vendors”) (a) to publish information about the wedding services and/or products they offer ("Services") on the Website (“Listings”); and (b) to communicate directly with people interested in booking such Services (“Customers”).
The Provider does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services. Suppliers alone are responsible for their Listings and Services.
When Customers and Suppliers make or accept a booking, they are entering into a contract directly with each other. The Provider is not and does not become a party to any contractual relationship between Customers and Suppliers. Except as expressly specified in these Supplier T&Cs, the Provider is not acting as an agent, guarantor or in any other capacity for any Supplier, and no relationship of employment, partnership or otherwise is created between the Supplier and Provider.
Any Supplier who chooses to register on the Website as a Supplier acknowledges that it acts exclusively on its own behalf and for its own benefit, and not on behalf, or for the benefit, of the Provider.
The Provider assumes no duty to investigate complaints, and is not obliged to take any action against Suppliers or Customers, except as may be required by law.
Due to the nature of the internet, the Provider cannot guarantee the continuous and uninterrupted availability and accessibility of the Website. The Provider may restrict the availability of the Website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of the Provider's servers, or to carry out maintenance or upgrade measures that ensure the proper or improved functioning of the Website. The Provider may improve, enhance and modify the Website and introduce new functions from time to time. The Provider will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Customers’ usage is least affected.
In order to advertise their Services on the Website, Suppliers must first register a profile (“Profile”). The Profile registration forms must be completed accurately and fully.
In registering a Profile, the Supplier agrees to all these Supplier T&Cs.
When registering, the Supplier will have a chance to upload information about the Services it provides, to be included in its Website listing, such as products and/or services offered, prices, and locations covered. This includes the ability to upload audio-visual samples, in order to enhance prospects for sale to prospective Customers.
Services search snippets are searched and displayed based on the Provider’s sort algorithm. Customers can also search for Profiles according to various criteria, such as categories, sub-categories, availability, pricing, location and ratings.
The Supplier undertakes to present its Profile, including its business name and all information concerning the Services, fully and accurately, and to keep the information updated.
The Provider reserves the right to decline to publish on the Website any Profile that appears, in the Provider’s sole discretion, to be breaching, capable of breaching, or associated with the breach of, any provision of these Supplier T&Cs.
If the Provider, including as a result of information provided by Customers, suspects that the Supplier has supplied false information, the Supplier acknowledges that the Provider is entitled to carry out identity checks on the Supplier or to prove the existence of a Service, and if requested to do so, the Supplier agrees to promptly supply to the Provider such proof of identity or evidence of a Service’s existence as the Provider requests.
The Provider has the right to refuse registration to a Supplier for any reason at its absolute discretion.
COMMUNICATIONS BETWEEN SUPPLIER AND CUSTOMER
Once a Supplier has been contacted by a prospective Customer through the enquiry form supplied on the Website, the Supplier is free to provide its contact details to that prospective Customer.
Alternatively or in addition, the messaging function ("Messenger") enables the Supplier and Customer to communicate through the Website. The Supplier has the ability to upload documents, and create and accept bookings through Messenger.
Suppliers acknowledge that unauthorised third parties may misuse any Website messaging system and unlawfully intercept or read messages. The Provider is not liable for any such misuse.
CUSTOMER REVIEWS AND RATINGS
Our Services include a forum whereby customers can post a review of Suppliers (“Review”). Reviews are an important way for users to make informed decisions about Suppliers and, as such, KhushWedding.com takes steps to ensure that there is a transparent process for posting and, if necessary, removing Reviews in accordance with applicable laws.
The Provider does not have the ability to, verify the accuracy or otherwise of Customer Reviews and/ or Ratings and is in no way responsible or liable for the truth and accuracy of Reviews and/or Ratings.
The Supplier is given the opportunity to review Customer Content and to respond to them which will appear on the Website.
Any Supplier Responses must: (a) be written by the Supplier or an authorised representative; (b) true and accurate; (c) not be defamatory or infringing any third-party rights; and (d) comply with these Supplier T&Cs, and the Provider may decline to post any of them that the Provider finds have not been. In the event that any Supplier Response appears on the Website but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, the Provider shall be entitled to immediately remove from the Website the relevant non-conforming Supplier Response.
Where a Supplier disputes or requests removal of a Review, KhushWedding,com follows the Takedown Process proposed under the U.K. Defamation Act of 2013, including the time periods required for responding to Users and Suppliers. The Provider will investigate the request pursuant to such process and notify the Supplier whether the Review will be removed.
FEES AND CHARGES
Suppliers agrees to pay a monthly or annual fee (“Subscription Fees”) to use the Website’s services as set by the Provider.
The Provider will charge the Supplier the monthly Subscription Fee via upon registration which will be automatically calculated on a pro rata amount for the first month, and then on a fixed date of each following month via Direct Debit.
The Provider will charge the Supplier a one-off set up fee of £25 upon registration.
Suppliers who pay on a monthly basis will be charged the agreed monthly fee on the same calendar date of each month. Suppliers paying an annual fee will be charged the agreed annual fee on the first day the contract takes effect, and every anniversary thereof while the Supplier continues to use the Website as a Supplier.
The Provider operates a Cooling Off period for all Subscriptions. This means that if the Supplier changes their mind and for any reason decide not to continue with the subscription, they must notify the Provider of their decision within 7 days of signing up. All fees paid in advance during this period, barring set up fee of £25, will be refunded.
Charges that are not disputed within twelve (12) days of the date charge are conclusively deemed accurate.
All sums are inclusive of VAT unless stated otherwise. Supplier shall pay the sums (including, if applicable, VAT and any other applicable taxes or charges imposed by any government entity) in the manner dictated by the method of payment agreed between the Provider.
If payment is not made when due, the Provider may charge interest at the rate of 4% per annum above the prevailing base rate of Bank of England from the due date until the date of actual payment, whether before or after judgment.
The Supplier will be notified of any missed payments and will be expected to pay the outstanding balance immediately. In the event the payment remains outstanding, the Provider reserves the right to permanently deactivate the Supplier’s membership and prohibit the Supplier from creating a new account.
The Provider may change its pricing, if applicable, at any time. Suppliers will be notified of any increase at least ten (10) days in advance of such increase and shall have the opportunity to terminate their subscription/use of the Website for ten (10) days from notification. If the Supplier does not terminate their subscription/use of the Website within the allotted time, they will be deemed to have accepted the price increase.
Charges will be calculated solely based on records maintained by Provider. Provider shall provide Supplier with password-protected access to 24/7 online reporting information so that Supplier may monitor its account(s). Refunds (if any) are at the discretion of Provider and only in the form of Supplier enquiry credit.
Supplier will submit valid credit/debit card details if required along with accurate direct debit details upon registration and keep this information up to date. Supplier card details will not be stored by the Provider.
Supplier may be required to submit additional information and proof of identification to verify Direct Debit details when requested by the Provider.
All banking and other fees relating to a disputed payment shall be borne by the Supplier. Credit card number and entry of username and password are via 128 bit Secure Socket Layer (SSL) technology. The Provider uses GoCardless for Direct Debit Payment Services. The Payment Services may contain links to GoCardless’ website and resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Suppliers should review them independently. The Provider is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by The Provider of such Third-Party Services.
TERMINATION AND CANCELLATIONS
The Provider can terminate the Supplier's use of the Website at any time without notice.
If the Provider determines, or an allegation is made, that (a) a Supplier's Listing or other content associated with a Supplier contains any material that is deemed false or misleading, or against the law or any applicable regulations or the rights of any person or entity; (b) a Supplier has misused the Website; (c) the Supplier is in material breach of these Supplier T&Cs or any other obligations owed to the Provider, any Provider Affiliate or Customer; (d) a Supplier has been abusive or offensive to any Customer, or any employee or representative of the Provider; or (e) a Supplier uses a false identity, then, notwithstanding any other remedies the Provider may have pursuant to these Suppliers T&Cs, the Provider shall be entitled to terminate this agreement with such Supplier immediately and remove a Supplier's access to the Website
The minimum term for Membership is 12 months. Suppliers have the right to cancel their subscription any time after 12 months of signing up. Supplier will need to provide a minimum of 20 calendar days’ notice before the next Direct Debit date to prevent further Direct Debit payment collection. Cancellations received after the relevant Cut Off Date will result in one final Direct Debit payment collected on the next Direct Debit due date. Alternatively, Supplier can cancel the Direct Debit with their bank to ensure no further payment is collected after cancelling the subscription. Annual Subscribers will need to provide a minimum of 35 calendar days’ notice before the next renewal date to prevent an automated payment collection. Cancellations received after the relevant Cut Off Date may result payment collected for the next annual period. Refunds may be processed on a pro rate basis after deducting admin fees and months of membership in use.
If the Supplier decides to terminate its account with the Provider, the Supplier has the ability to deactivate its profile in their personal, Supplier dashboard. The Supplier will be required to arrange payment for any outstanding invoices before its profile can be fully deactivated. Suppliers are required to honour their contracts with any Customer they are in mid-transaction with even if they choose to terminate their account with the Provider.
INTELLECTUAL PROPERTY RIGHTS
All content that appears on the Website, and the Website itself, is protected by intellectual property rights. Reproduction of the Website, in whole or in part, including the copying of text, graphics, audio-visual images or designs, is prohibited.
Where a Supplier uploads or transmits through the Website any content of any type, including text or images, the Supplier undertakes that he/she has the right to do so, and has been granted the necessary consent by any persons featured or suppliers of featured items.
To the extent that a Supplier’s Profile and other uploads may contain trademarks, the Supplier declares that he/she has the right to use them, including sublicensing rights.
The Supplier hereby indemnifies the Provider against any intellectual property right infringement claims committed by the Provider due to materials provided by the Supplier/uploaded by the Supplier onto the Website.
By uploading any form of content to the Website, the Supplier authorises the Provider and each of the Provider's Affiliates to display and disseminate the content in connection with the performance of the Website and these Supplier T&Cs.
To promote the Provider and to increase the exposure of Listings to potential Customers, Listings and other Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements, and by registering for the Website the Supplier grants permission for such use.
Suppliers are permitted to download, display or print individual pages of the site to evidence their agreement with the Provider. The relevant file or the relevant printout must clearly bear the text “©Engaged Media Ltd” - All Rights Reserved”.
The Provider complies with its data protection obligations.
FURTHER RIGHTS AND OBLIGATIONS OF THE SUPPLIER
The Supplier is required to keep account login details secret and not to pass them on to third parties. The Provider will never ask Suppliers to disclose these details. If Suppliers are contacted by third parties and asked for their login details, under no circumstances should they impart any of those details but should immediately notify the Provider of the occurrence through the Contact Form. Should any Supplier notice that their account is being used by an unauthorised third party, they should immediately report the matter to the Provider through the Contact Form and change their password.
The Supplier must not misuse the Website’s email or messaging system.
Suppliers are responsible for ensuring that their Profiles, policies, or any other aspects of their Services provided via the Website do not infringe the law or the rights of any person or entity. Profiles must not contain false information, personal insults, anything defamatory, or anything that infringes copyright or data protection law.
The Supplier shall be obliged for and account to the relevant authorities for taxes (including, where relevant, VAT) on the payments they receive.
Each Supplier shall indemnify and hold the Provider harmless against any claims by third parties brought against the Provider arising out of or in connection with any breach of these Supplier T&Cs on the part of that Supplier.
The Supplier shall not directly or indirectly: a) breach any of the conditions contained within these Supplier T&Cs; b) with respect to the Website, its content, and databases comprised in the Website, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same; c) monitor content on the Website by means of robots, spiders, or other automatic instruments; d) use the Website for purposes other than those referred to in these Supplier T&Cs; e) use the site or the tools and services on the site for any purpose other than those expressly set out in these Supplier T&Cs; f) reproduce any portion of the Website on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Website, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site; g) upload or send to the Website any contents or programs, which on account of their size or nature, might damage the Provider’s, Suppliers' or other Customers' computers or networks; h) include content on the Website that breaches any applicable criminal or other laws, or encourages any such breach; i) use or access the Website in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk); j) post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing“ (whether primary, secondary or other) or that would give rise to criminal or civil liability; k) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or l) refer to the Provider or any Customer or other Supplier in any way that might lead someone to believe that they or any website is sponsored by, affiliated with, or endorsed by the Provider or any Customer or other Supplier.
Messages are to be sent using the Contact Form.
Notifications of copyright infringement must contain: a) your postal address, telephone number and e-mail address; b) precise details about the content in question (insertion of the text or image) including a link to the website; c) a signed declaration confirming that you: (i) hold the exclusive rights to use the work; and (ii) have not authorised the use of the material in question in this form.
PROVIDER’S LIMITED LIABILITY
In no event will the Provider be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Website, the Supplier’s use of the Website and/or any transaction with the Customer, even if the Provider has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If the Supplier is dissatisfied with the Website, does not agree with any part of these Supplier T&Cs, then the Supplier’s sole and exclusive remedy against the Provider is to discontinue using the Website.
In any event, the Provider’s liability to the Supplier or any third party in any circumstance arising out of or in connection with the Website is limited to the greater of (a) the amount of fees the Supplier pays to the Provider in the six months prior to the action giving rise to liability, and (b) £100.00 in the aggregate.
Nothing in these Supplier T&Cs shall exclude or restrict the Provider’s liability for death or personal injury resulting from its negligence, nor for the Provider’s fraud or fraudulent misrepresentation.
The Provider reserves the right to assign or subcontract any or all of its rights and obligations under these Supplier T&Cs, to a third party.
The invalidity of one or more provisions of these Supplier T&Cs shall not affect the validity of the other provisions.
The Provider’s failure to act with respect to a breach of these T&Cs by the Supplier or others does not waive the Provider’s right to act with respect to subsequent or similar breaches.
These Supplier T&Cs, and the relationship between the Supplier and the Provider, shall be governed by and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.
These Supplier T&Cs contain the agreement between the Provider and Supplier relating to their subject matter.
The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Supplier T&Cs.
Date: May 2023