Our Great Day Wedding Websites (“Your Wedding Site”) is a free resource provided to customers of Balloons for all Occasions on the condition that they purchase wedding balloon decorations through our business (Balloons for all Occasions, Oswestry Indoor Market, Oswestry, Shropshire)
This free resource is described and can be accessed through our website www.ourgreatday.co.uk
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we you can use www.ourgreatday.co.uk (“Our Site”) and on which you can create your wedding website (“Your Wedding Site”) and the use of that website either as a guest or registered user.
Please read these terms carefully before you use Our Site and Your Wedding Site. If you do not able to agree to these terms you must not use our service.
These terms tell you:
• who we are;
• how we will provide our services to you
• how you can create and use Your Wedding Site
• your responsibilities to us in respect of your use and your guests use of Your Wedding Site
• how you can cancel or close down Your Wedding Site or cease to be a registered user of Our Site;
• what to do if there is a problem; and
• other important information.
1.2 There are other terms that will apply to you. In addition to these terms the following terms will also apply to you and your use of Our Site and Your Wedding Site:
1.2 Our Right to Change these terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Our Great Day is a service of Balloons for all Occasions, based in Oswestry Indoor Market. Our address is: Balloons for all Occasions, Oswestry Indoor Market, Powis Hall, Oswestry, SY11 2PZ
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us through Our Site
3. YOUR WEDDING SITE REGISTRATION
3.1 How we will accept your registration. Our acceptance of your registration will take place when you have come into our shop to discuss your wedding decorations order, and from the point where you have both a date and a venue for the wedding events.
3.2 If we cannot accept your registration. If we are unable to accept your registration, we will inform you of this at the outset when you come into the shop to discuss your needs.
3.4 Charges. There is no charge for using Our Site or for creating Your Wedding Site as long as you are purchasing a minimum of £45 of wedding balloon decorations from us. Your wedding balloon order needs to be confirmed, and payment made, no less than 4 weeks before the day of the wedding
3.5 If your plans change and you no longer need Your Wedding Site, we will confirm this with you no later than 4 weeks before the wedding day, at which point your pages will be unpublished.
3.6 If you would like to keep Your Wedding Site but not buy wedding balloon decorations through Balloons for all Occasions, there will be a one-off £25 service charge for the service provided, payable 4 weeks before the date of the wedding.
4. USING YOUR WEDDING SITE SERVICES
4.1 What is provided? Registering with us allows you to create a free wedding website which will be available online for you to share your wedding plans with family and friends. For details please see www.ourgreatday.co.uk
4.3 Your responsibilities. You are responsible for the personal content (written and images) of Your Wedding Site and for the activity on your site including that of your guests and third parties who visit Your Wedding Site. You are also responsible for ensuring that your guests are aware of these terms and our policies and that they comply with them. Their failure to comply with and breach of our policies may result in us having to take action to protect Our Site in accordance with clause 8.
4.4 Availability and access to Your Wedding Site. Your Wedding Site will be available to access for 6 months after your wedding date, subject to clause 7.3 and 7.3.1 below. After this time we will remove Your Wedding Site from our archive.
5. UPLOADING CONTENT TO YOUR WEDDING SITE
5.1 You need to comply with Our Content Standards. Whenever you or other users, who you are responsible for in accordance with clause 4.3, upload content to Your Wedding Site, and/or communicate with other users of Your Wedding Site, you and all other users of Your Wedding Site must comply with Our Content Standards set out in clause 8.3.
5.2 Your responsibility for loss and damage for failure to comply with Our Content Standards. You represent and warrant that any such contribution, as outlined in clause 5.1 above does and will comply with Our Content Standards and understand that you will be liable to us and agree to indemnify us for any breach of this warranty. This means that you will be responsible for any loss or damage we suffer as a result of a breach of warranty.
5.3 Ownership of the uploaded content. Any content you upload to Your Wedding Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content but you are required to grant us a limited licence to use, store and copy that content and if necessary for legal purposes to distribute it and make it available to third parties.
5.4 Our right to disclose your identity to third parties. We retain the right to disclose your identity or the identity of the uploader of the content to any third party who is claiming that any content posted or uploaded to Your Wedding Site constitutes a violation of their intellectual property rights.
5.5 Our right to remove content which has been uploaded. We have the right to remove any posting or any content which has been uploaded to Your Wedding Site, if in our opinion, your post or the uploaded content does not comply with Our Content Standards set out in clause 8.3.
5.6 You are solely responsible for securing and backing up any content which you upload to Your Wedding Site.
6. YOUR RIGHTS TO MAKE CHANGES
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to Your Wedding Site. We may change Your Wedding Site:
7.1.1 to reflect changes or updates in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments, improvements and updates for example to address a security threat. These changes will not affect your use of the Your Wedding Site.
7.2 Changes to Our Site. We may update and change Our Site from time to time to reflect changes in our services, our customer needs and our business priorities.
7.3 We may suspend or withdraw Our Site we do not guarantee that Our Site, or any content on it including Your Wedding Site, will always be available or be uninterrupted. We may suspend or withdraw or restrict availability of all or any part of our site for business and operational reasons. We will try and give you reasonable notice of any suspension or withdrawal.
7.3.1 In the case of you having paid us a £25 service charge to keep Your Wedding Site without buying wedding balloon decorations from Balloons for all Occasions, if we have to suspend or withdraw Our Site or Your Wedding Site as per clause 7.3, we will return the service charge payment to you but incur no other liability.
7.4 Events outside of our control. As outlined in clause 7.3 above we do not guarantee that Our Site, including Your Wedding Site will be accessible at all times.
7.4.1 We will not be liable or responsible for any failure to access or delay in accessing Our Site, including uploading information and documentation to Your Wedding Site that is caused by Events Outside of Our Control.
7.4.2 An Event Outside of Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attach, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shopping, aircraft, motor transport or other means of public or private transport.
8. PROHIBITED USES
You and your guests may use Our Site and Your Wedding site only for lawful purposes.
8.1 You must not use Our Site or Your Wedding Site:
8.1.1 In any way which breaches any applicable local, national or international law or regulation;
8.1.2 In any way which is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
8.1.3 For the purpose of harming or attempting to harm minors in any way;
8.1.4 To send, knowingly receive, upload or download or re-use or authorise in any way your guests sending, knowingly receiving, uploading or downloading or re-using any material which does not comply with our content standards as outlined in clause 8.3 below;
8.1.5 To transmit, or procure the sending or uploading of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
8.1.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2 You also agree:
8.2.1 Not to reproduce, duplicate, copy or re-sell any part of Our Site; and
8.2.2 Not to access without authority, interfere with, damage or disrupt:
(a) any part of Our Site;
(b) any equipment or network on which Our Site is stored;
(c) any software used in the provision of Our Site; or
(d) any equipment or network or software owned or used by any third party.
8.3 Our Content Standards. These content standards apply to any and all material which you or your guests contribute to Our Site and/or Your Wedding Site (“Contributions”).
8.3.1 You and your guests and any other individual to who you provide access to Your Wedding Site must comply with the spirit and letter of the following standards which apply to each part of any Contribution as well as to its whole:
(a) Be accurate (where they state facts);
(b) Be genuinely held (where they state opinions); and
(c) Comply with applicable law in the UK and in any country from which they are posted.
8.3.2 Contributions must not:
(a) Contain any material which is defamatory of any person;
(b) Contain any material which is obscene, offensive, hateful or inflammatory;
(c) Promote sexually explicit material;
(d) Promote violence;
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) Infringe any copyright, database right, trade mark or intellectual property of any other person;
(g) Be likely to deceive any person;
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) Promote any illegal activity;
(j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person;
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(m) Give the impression that they emanate from us, if this is not the case;
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9. SUSPENSION AND TERMINATION
9.1 Breach of our policies. We will determine, at our discretion, whether there has been a breach of these terms or any of our other policies governing the use of Our Site and Your Wedding Site http://www.ourgreatday.co.uk/policies If a breach of our policies occurs we may take such action as we deem appropriate.
9.2 Consequences of a breach. Breach of these terms, upon which you and your guests are permitted to use Our Site and Your Wedding Site, may result in us taking all or any of the following actions:
9.2.1 Immediate, temporary or permanent withdrawal of your right to use Our Site and access to Your Wedding Site;
9.2.2 Immediate, temporary or permanent removal of any posting or material uploaded to Your Wedding Site;
9.2.3 Issue of a warning to you;
9.2.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach;
9.2.5 Further legal action against you;
9.2.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9.3 Our Liability for our actions in response to a breach. We exclude liability for actions we may take in response to breaches of these terms. The consequences set out in clause 8.2 are not limited and if necessary we may take any other action we reasonably deem appropriate.
10. HOW TO CLOSE DOWN YOUR WEDDING SITE (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to close down Your Wedding Site. Please let us know by doing one of the following:
10.1.2 Simply by coming to Balloons for all Occasions, Oswestry Indoor Market and requesting us to terminate Your Wedding Site
10.1.3 As per clause 4.4 Your Wedding Site will only be available to access for 6 months after your wedding date.
10.1.4 As per clause 3.5, if your plans change and you no longer need Your Wedding Site, you are required confirm this 4 weeks before the wedding day, at which point your pages will be unpublished.
10.1.5 If you cancel your wedding site any later than 4 weeks before the wedding, you are liable for a £25 service charge
11. IF THERE IS A PROBLEM
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of registration, both we and you knew it might happen.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
12.3 We are not liable for business losses. We only supply Our Site for domestic and private use. If you use Our Site for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this, either in writing or through Our Site.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract, in respect of Your Wedding Site is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of any of these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and any proceedings brought or any dispute or claim arising will be dealt with in the English courts who have exclusive jurisdiction. However, if you live in Scotland you can bring legal proceedings in either the Scottish or the English courts and if you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.