1. Welcome to Find My Bridesmaid
Welcome to Find My Bridesmaid (the “Company”) website (the “Website”). By accessing or using the Sites or using our platform which connects individuals looking to hire bridesmaids with professional bridesmaids offering their services (the “Services”) using our Sites, you indicate that you have read and understand this Privacy Policy and agree to be legally bound by it. You must accept this Privacy Policy in its entirety to use the Sites and/or Services. If you do not understand or have questions about this Privacy Policy, immediately stop all use of the Sites and/or Services and contact us at [email protected]. If you do not accept this Privacy Policy, you may not use the Website or Services. Your continued use of the Website or Services constitutes your agreement to the most current version of this Privacy Policy. If at any time you do not agree to this Privacy Policy, you must cease your use of the Sites and/or Services.
For access to the terms and conditions or privacy policies of any other websites or applications, please refer to the policies of such websites or applications. This Privacy Policy is subject to change at any time by us without prior notice to you by our posting it on the Sites. It is your obligation to review this Privacy Policy before accessing the Sites. Any changes to the Privacy Policy will be effective immediately upon our posting them to the Sites unless otherwise stated. We reserve the right to change the contents of the Sites at any time with or without notice.
2. Key Definitions
“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.
“Bridesmaid” means a person that has registered with our Service to offer bridesmaid services to Clients.
“Client” means a person that has registered with our Service and who seeks bridesmaid services.
“Bridesmaid Services” means any services offered through our Service by Bridesmaids, including but not limited to attending weddings, assisting with wedding preparations, and related services.
“Bridesmaid Profile” means the public web page where Bridesmaids state their prices and information about the services they offer.
“Content” includes all Text, Graphics, Design, and Programming used on the Sites.
“Graphics” includes all logos, buttons, and other graphical elements on the Sites, including the color combinations and the page layout of the Sites, with the exception of trademarks and intellectual property belonging to third parties and displayed with permission.
“Meet and Greet” is where the Client and Bridesmaid meet in person (physically or virtually through Zoom, Teams, etc.) prior to the booking start date. By completion of the Meet and Greet, the Client and Bridesmaid should have gone through all necessary instructions to help the Bridesmaid perform her duties to the best of her ability.
“Programming” includes but is not limited to both client-side code (including but not limited to HTML, PHP, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Sites.
“Text” includes all text on every page of the Sites, whether editorial, navigational, or instructional.
“User” or “you” or “your” refers to any individual who uses or accesses any aspect of the Site(s) or Services.
3. Your Relationship with Us
3.1 The Company is not party to any agreement you as a Bridesmaid or Client may enter into with another Bridesmaid or Client. The Company merely facilitates the introduction and matching of Clients to Bridesmaids (and vice versa).
3.2 We reserve the right to modify the Services and this Privacy Policy at any time effective upon posting an updated version of this Privacy Policy on this website. You are responsible for regularly reviewing this Privacy Policy.
4. Nature of Our Sites and/or Services
4.1 The Service allows for Clients and Bridesmaids to arrange for the provision of Bridesmaid Services. The Company is a neutral venue and does not provide Bridesmaid Services. All transactions conducted via the Company’s Services are between Clients and Bridesmaids with the Company’s role being to provide a platform to facilitate the transaction.
4.2 Bridesmaids create a Bridesmaid Profile to list information about their Bridesmaid Services, including but not limited to type and availability of services offered, wedding experience, pricing, and financial terms for providing the Bridesmaid Services. These profiles are publicly available via the Services. As the Company does not produce the User Content provided for Bridesmaid Profiles, the Company is not responsible for its accuracy and cannot verify any claims made by Bridesmaids. Clients should take steps they deem appropriate to lawfully verify any information in the Bridesmaid Profile they deem necessary and appropriate to decide whether or not to retain any particular Bridesmaid Services. Similarly, the Company does not endorse reviews of Bridesmaids by other Clients that may be available via the Services, and therefore the Company makes no commitments that such reviews are accurate or legitimate.
4.3 Clients can interact with and book Bridesmaids via information contained in Bridesmaid Profiles. All booking requests are subject to acceptance by the Bridesmaid, who is not obligated to accept any request and may decline for any reason. However, once a booking has been completed, both the Bridesmaid and Client agree to honor the price and other terms of that booking. Only bookings made via the Services are valid and benefit from the protection the Services offers. The Company charges fees for some aspects of the Services as outlined in the Fees and Payments section of these Terms and Conditions.
4.4 Clients are solely responsible for evaluating the suitability of Bridesmaids. The Company makes no representations or warranties about the quality of Bridesmaid Services or about interactions and dealings with users of the Services. Bridesmaids listed on the Sites are not under the direction or control of the Company, and Bridesmaids determine at their own discretion how to provide Bridesmaid Services. Though the Company provides general guidance to Bridesmaids about safety and service quality and to Clients about selecting and engaging Bridesmaids, the Company does not employ or endorse Bridesmaids or Clients. While the Company conducts an initial review of Bridesmaid Profiles, the Company does not otherwise screen Bridesmaids and will not be responsible or liable for the performance or conduct of Bridesmaids or Clients whether online or offline.
5. Information About Us
5.1 Find My Bridesmaid, Inc. is incorporated and registered in the United States. Our registered office is at 1234 Wedding Lane, Suite 100, San Francisco, CA 94103.
6. Information About You
6.1 Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use, and share information about you.
7. Your Account
7.1 In order to access our Services and use certain features and areas of the Services, you must register with us and set up an account with an ID (associated with your email address) and password (your “Account”). We encourage you to use strong passwords with your Account.
7.2 You must be 18 years or older and legally competent to enter into a legally binding agreement to use our Services.
7.3 You must keep your account information up-to-date and accurate at all times, including a valid email address and mobile number. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. You agree to protect your username and password by, among other things, keeping your password and other information relating to your account confidential. If notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Sites by the party using your account and agree to indemnify the Company against any loss or damages suffered as a result thereof. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions.
8. Your Content
8.1 Any images, text, or information that you submit to or through the Sites or the Services, including any communications by or between you and any Client or Bridesmaid on or through the Sites or the Services (“User Content”), must meet the Rules of Acceptable Use set forth below.
8.2 You hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, copy, reproduce, modify, exhibit, sublicense, exploit in connection with our Services, and make available anywhere and in any form for the purposes of providing our Services (including allowing our users to view and use your User Content) your User Content.
8.3 We may occasionally publish media, including but not limited to images and video, contained in your User Content in the context of sharing media updates of bridesmaids on our Sites and across third-party social media applications. If you object to our use of the media contained in your User Content in this way, please contact us and we will remove them.
8.4 Our right to use your User Content does not in any way affect your privacy rights, and we will only use information that identifies you as set out in our Privacy Policy.
8.5 We are not required to and generally do not check or moderate any User Content, though we reserve the right to do so at our sole discretion for reasons permitted herein. For example, we may check, moderate, reject, refuse, or delete any User Content if a user informs us that he/she objects to it or we have reason to believe that it breaks any of the Rules of Acceptable Use.
9. Employment
9.1 The Company is not an employment service and does not serve as an employer of any User signing up to the Services, nor any Bridesmaid or Client in connection with the Services or the Sites. Bridesmaids are solely responsible for disclosing any income made through the Services or otherwise and for complying with national, federal, and local tax laws, rules, and regulations that apply to their activity on or through the Services or otherwise. Under no circumstances shall the Company be liable for any tax or withholding of any kind, including but not limited to income or related/similar tax, unemployment insurance, employers liability, social security in connection with your use of or participation in the Services. If the Company is found to be liable for any tax in connection with Bridesmaids’ use of the Services, such Bridesmaids agree they will immediately reimburse and pay the Company an equivalent amount, including any penalties and interest incurred and Company’s reasonable attorneys’ fees, if any, in connection therewith, as well as any other obligations under the Disclaimer of Warranties and Limitation of Liability section hereof.
10. Fees and Payments
10.1 The Company uses the secure third-party online payment service called Stripe for purposes of processing payment when required for the Services. Stripe generally accepts and allows payment via all major credit and debit cards, including Visa, American Express, and Master Cards.
10.2 In order to arrange a bridesmaid booking through the Sites, Bridesmaids must be connected with Stripe and by doing so agree to Stripe’s terms of service and privacy policy. All payments processed by or through Stripe are governed solely by Stripe’s terms of service and privacy policy. In certain jurisdictions, Stripe is required to collect, verify, and maintain identity information on the individuals (Bridesmaids) associated with a Stripe account. The Company is not liable for these verification practices, nor do they control them.
10.3 The Company will not have access to, nor will it obtain any user account information submitted to or through Stripe and is not responsible for any such information or the actions of Stripe. The Company accepts no liability for any failure in the Stripe service. Though the Company receives confirmation of payment through Stripe in connection with its Services (as well as applicable payment(s) from Clients using the Services and paying through Stripe), it neither receives nor maintains any user’s financial account information in connection therewith. The Company has no transparency or access to any other payments of, by, or to the Clients or Bridesmaids through Stripe.
10.4 Bridesmaids may set the price of their Bridesmaid Services (“Booking Fee”) within the parameters permitted by the Services.
10.5 If booked using a credit/debit card or bank transfer, the Booking Fee will be taken from the Client’s account the day before the booking starts; it will then automatically be transferred to the Bridesmaid’s account within 5 – 7 business days.
10.6 In the event of a failed payment for a particular booking for reasons such as insufficient funds, suspicion of fraud, or violation of our terms, the Company will use all commercially reasonable efforts to rectify the payment issue as part of its Customer Services. Notwithstanding, under no circumstance shall the Company be liable for any damages, including any payment or compensation to any Bridesmaid if its effort to obtain payment does not succeed for any reason whatsoever.
10.7 Where a Client has obtained a refund in relation to their booking in accordance with these Terms and Conditions, Bridesmaids agree that the Company will not refund the Service Fee and that the Bridesmaid, subject to Company’s sole and absolute discretion, will be responsible to refund the 19% Service Fee directly to the Client.
10.8 Bridesmaids and Clients agree that all bookings (including, for the avoidance of doubt, new and repeat bookings) with a Client / Bridesmaid where the Client / Bridesmaid first contacted the Client / Bridesmaid via the Services or through the Sites (“Initial Contact”) must be made via the Services. Where an Initial Contact has been made, if a Bridesmaid confirms or proceeds with a booking with a Client outside of the Services, the Bridesmaid or Client may have to pay an introduction fee of $500 to the Company per user.
10.9 In the unlikely event you or your bank accidentally dispute the payment transfer, you will be made liable for the extra bank charges.
11. Your Right to Use the Services
11.1 The materials and content comprising the Services (excluding User Content) belong to us or our third-party licensors, and we give you permission to use these materials and content for the sole purpose of using the Services in accordance with these Terms and Conditions.
11.2 Your right to use the Services is personal to you, and you are not allowed to assign or transfer this right to another person or to sell, gift, or transfer your Account to another person. Your right to use the Services does not stop us from giving other people the right to use the Services.
11.3 The Company owns any and all intellectual property rights relating to the Company brand, trade name, trade dress, and other content, including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the Company brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video, and audio contained herein (the “Intellectual Property”). Your use of the Sites or Services does not grant you any rights or licenses relating to the Company Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms and Conditions. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold, or used in any sale or exploited for any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property or use it in any other way for public or commercial purposes. All other product names, names of services, trademarks, service marks, and other intellectual property are the property of their respective owners as indicated and may only be used as permitted.
11.4 Unless allowed by these Terms and Conditions and as permitted by the functionality of the Services or Sites, you agree:
not to copy any portion of our Services or Sites;
not to give or sell or otherwise make available any portion of our Services or Sites to anybody else;
not to change our Services or Sites in any way;
not to look for or access the code of our Sites that we have not expressly published publicly for general use.
You agree that you have no rights in or to any portion of the Services or Sites other than the right to use them in accordance with these Terms and Conditions.
12. Rules of Acceptable Use
12.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the Services or Sites (the “Rules of Acceptable Use”).
12.2 You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with the Sites any material that is unlawful or for illegal activity. You agree not to use the Sites to do any of the following:
upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
upload, post, email, transmit, submit, share, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit, submit, share, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
upload, post, email, transmit, submit, share, or otherwise make available information that is known by you to be untrue, false, or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
upload, post, email, transmit, submit, share, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer or application code, files, or programs designed to interrupt, destroy, or limit the functionality of any device, software, or hardware or telecommunications equipment or intercept, download, or transmit unauthorized data;
use the Sites or Services or other activities to “stalk” or otherwise harass or harm another or improperly access another’s information;
advocate illegal activity or an intention to commit an illegal act;
impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
advertise or otherwise engage in any commercial endeavor without the Company’s explicit written permission;
use the Sites in any manner that could damage, disable, overburden, or impair any server or network(s) connections, disobey any requirements, procedures, policies, or regulations of networks connected to the Sites, or interfere with any other party’s use and enjoyment of the Sites;
attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to any Company server through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites;
intentionally or unintentionally violate any applicable local, national, or international law;
circumvent, disable, or otherwise interfere with any security-related features of the Sites or features that prevent or restrict use or copying of the content accessible via the Sites; and/or
create more than one account on the Services (however you may connect all your social networks or other services accounts that we support to your account on the Services).
use the Service other than for its intended purpose as set out in these Terms and Conditions or if we have suspended or banned you from using it.
12.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions and may result in our taking all or any of the following actions (with or without notice and at the Company’s sole and absolute discretion) in addition to any other actions we deem appropriate:
immediate, temporary, or permanent withdrawal of your right to use our Services;
immediate, temporary, or permanent removal of any User Content;
issuing of a warning to you;
legal action against you, including proceedings for reimbursement of all costs (including but not limited to reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13. Notice and Takedown Policy
13.1 Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to [email protected]. Please provide the information described below in the Infringement Notice:
(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work, or if multiple copyrighted works are covered by a single notification, a representative list of such works on the Sites that are claimed to have been infringed;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
(4) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that neither the copyright owner nor its agent nor the law has authorized the use of the material in the manner complained of; and
(6) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity and take reasonable steps to notify the person alleged to be infringing that the Company has removed or disabled access to this material. Please note that a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the person alleged to be infringing who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
14. Client and Bridesmaid Obligations
14.1 If you are a Client, you agree to the following:
You have obtained and will maintain any mandatory insurance policies concerning your event and the Bridesmaid’s presence.
You shall abide by any agreement reached between you and the Bridesmaid, including the cancellation policy set by the Company.
You shall provide all relevant information to any Bridesmaid you are dealing with, including but not limited to the following:
Special requirements or needs related to the event.
Any unusual requests or specific duties for the Bridesmaid.
You will provide the Bridesmaid with an alternative contact and details of any emergency procedures.
You must allow the Bridesmaid, at their request, to visit and/or inspect the event venue before commencing their Bridesmaid Services.
If you did not provide the Bridesmaid with the necessary details to allow them to perform the Bridesmaid Services, then the Bridesmaid shall be entitled to contact the Company to discuss an alternative arrangement. You will be fully responsible for the costs of any such arrangements.
To arrange and pay for bookings in accordance with the following:
where you send a pre-booked request to a Bridesmaid, a hold will be placed on your credit or debit card; if the Bridesmaid accepts, the booking is confirmed, and you will be charged the funds the day before the booking starts. If the booking is not accepted by the Bridesmaid, the pre-booking will expire and the hold on your credit or debit card will be released.
where you send an enquiry or message to a Bridesmaid without using a credit or debit card and the Bridesmaid confirms their availability, you will be prompted to log in, confirm, and pay for the booking using your credit or debit card or via bank transfer or any other payment method we make available from time to time. In this case, you agree to confirm the booking within 48 hours before your booking is due to start. If you do not confirm the booking within that time period, the Company retains the right to cancel the booking. Once a booking has been confirmed by debit/credit card, payment will automatically be taken the day before the booking starts. In the case of a bank transfer or any other payment method, you agree to make the payment 24 hours before the booking starts.
Once a booking has been confirmed (by either the Client or Bridesmaid):
You will be available to communicate with the Bridesmaid and respond promptly to the Bridesmaid’s queries relating to the Bridesmaid Services in order to allow for the smooth execution of the Bridesmaid Services.
You will provide the Bridesmaid with an alternative contact and details of any emergency procedures.
If the Bridesmaid Services are no longer required, you may cancel the booking (using the cancellation function on our Sites only) up to the day preceding the start date of the Bridesmaid Services. The cancellation fee payable will depend on the cancellation policy which you explicitly agree to when paying for the booking.
If the booking has been confirmed but no payment has been made, the Client is obliged to pay on return or within 3 days after the booking is completed. If he/she fails to do so, in addition to amounts owed in connection with the booking, the Client will owe liquidated damages in the amount of $1000.00 (representing the reasonable expense and damage caused to the Company and its Services and reputation to Bridesmaid and expenses related to collection and enforcement, plus all costs of arbitration (including but not limited to Company’s reasonable attorneys’ fees and costs of filing any arbitration demand), plus interest at the lower of 12% per year or the highest amount permitted by law on all amounts due, commencing as of the date payment was due through the date all amounts are paid).
14.2 If you are a Bridesmaid, you agree to the following in respect of any Bridesmaid Services you supply:
You agree that the Initial Contact and all future bookings made with a Client introduced by the Company will be booked via the Services and that failure to abide by this policy will lead to an introduction fee and suspension or termination from the Services.
Bridesmaid Services shall be supplied using reasonable skill and care, particularly in relation to the Client’s needs.
Bridesmaid Services shall be in accordance with applicable law (including applicable tax regulations and that any required licenses are obtained) and with any agreement reached between you and the Client.
Bridesmaid Services do not include activities beyond the agreed scope of work. Bridesmaids or Clients that enter such arrangements will not qualify for the Find My Bridesmaid Guarantee.
To arrange for bookings in accordance with the following:
where a Client sends you a direct pending booking request, you will accept or decline the booking within 24 hours. If you do not accept the pending booking, it will expire.
where a Client sends you an enquiry or message, you will respond with your availability within 24 hours. If you repeatedly neglect to respond within the 24 hours, your account may be closed.
Once a booking has been confirmed (by either the Client or Bridesmaid):
You will be available to communicate with the Client and respond promptly to the Client’s queries relating to the Bridesmaid Services in order to allow for the smooth execution of the Bridesmaid Services.
You will be available for a “Meet and Greet” (as described in our guidelines made available in the Service from time to time) with the Client before commencement of the Bridesmaid Services.
If the response or Meet and Greet obligations set out above are not adhered to, the Company may cancel the booking, fully refunding the Client regardless of the cancellation policy.
You acknowledge that if you breach these Terms and Conditions or any agreement with a Client, the Company at its sole discretion may cancel the booking, fully refunding the Client regardless of the cancellation policy.
15. Booking Guarantees for Clients
15.1 If in relation to a Client’s first booking of Bridesmaid Services, the Client has any genuine concerns about the quality or suitability of the Bridesmaid or the Bridesmaid Services, they may request a refund from the Company (“Refund Request”) regardless of the cancellation policy. Any Refund Request must be made in accordance with the following:
The Refund Request must be by email to the Company via our contact form within 24 hours of commencement of the Bridesmaid Services (for the purposes of this clause Bridesmaid Services are considered to commence at 8 am local time on the first day of the Bridesmaid Services).
The Refund Request must include a detailed description including photographic evidence if applicable.
Following receipt of a Refund Request, the Company in its sole discretion will determine whether a refund will be paid to the Client. This review process may take up to 3 weeks. If a refund is to be paid, the Company will process the refund to your credit or debit card; it may take up to 10 days for the money to appear in your account.
Refund Requests will be considered if you have proof of a Meet & Greet, Booking Confirmation through the Company, and clear instructions.
Refund Requests can be a maximum of 5 days of the confirmed Bridesmaid Service.
15.2 If at any point following confirmation of a booking or the Bridesmaid Services are in progress but not yet completed, the Bridesmaid cancels the booking, the Company shall:
Assess the situation and offer a full or partial Refund depending on the individual circumstance and the Company’s determination in its sole and absolute discretion of the cause and justification of Bridesmaid’s cancellation of the booking; and
If the booking is canceled during or within 3 days before the commencement of the Bridesmaid Services, assist the Client in finding an alternative Bridesmaid.
16. Cancellation Policy
16.1 Clients and Bridesmaids can cancel a booking at any point before the Bridesmaid Services start, subject to a potential Cancellation Fee.
16.2 Clients and Bridesmaids can cancel a Pre-Booking at any time with no cancellation charges.
16.3 Clients can cancel a confirmed booking at any time before the Bridesmaid Services start, subject to a cancellation fee (the “Cancellation Fee”) which shall depend on the time of notice given by the Client.
There is no charge for a cancellation with more than 16 days notice.
If a Client cancels 15 to 8 days before the booking starts, they will be charged the Company fixed booking fee of $2.00.
If a Client cancels within 7 days or less of the booking starting, the Client will be charged 30% of their booking cost with a minimum charge of $12.00. This cancellation fee will be paid to the Bridesmaid excluding the Company fees and the Company fixed booking fee of $2.00.
If a Client has to cancel during a booking, there will be no refund.
If a Client has to cancel the day before the booking starts, they must contact the Company via our contact form directly. Clients are legally obliged to pay cancellation fees according to our cancellation policy once they have booked a Bridesmaid.
16.4 Bridesmaids can cancel bookings at any stage with reasonable notice. If a Bridesmaid needs to cancel within 5 days or less of the booking starting, the Bridesmaid must contact the Company via our contact form for further help.
16.5 All Cancellations and Refunds should be processed through the Company via our contact form. If Bridesmaids process the refund themselves in Stripe, the Company is not obliged to refund its fees to the Bridesmaid.
17. Emergency Situations
17.1 The Bridesmaid is required to make reasonable efforts to inform the Client (or where the Client is not available, the alternative contact provided by the Client) and the Company as soon as possible where a situation has arisen that requires immediate attention. Where the Company has been informed by the Bridesmaid that such a situation has arisen, the Company shall also make reasonable efforts to contact the Client to notify them of the situation where the Bridesmaid has been unable to contact them.
17.2 If the Client cannot be reached following reasonable efforts, the Client authorizes the Bridesmaid to seek care or intervention on their behalf to promptly address the situation. The Client agrees that they will bear the full cost of any such emergency intervention and will reimburse the Bridesmaid where the Bridesmaid has paid for such emergency intervention accordingly.
20. Advertisements on the Service
20.1 We and our selected business partners may provide advertising to you through the Services or by other methods such as email. This advertising may be based on your User Content or other information available through the Services. When delivering advertising, we will only use information that identifies you as set out in our Privacy Policy.
21. Ending Our Relationship
21.1 If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to the Terms and Conditions or the Services, you must immediately stop using the Services.
21.2 If you wish to end your use of the Services, you may deactivate your account using the “Delete Account” section of your account settings. Alternatively, you can contact us and we will deactivate your account. If you deactivate your account, you will not be able to access the account or data previously stored in the account. For information on our retention of this data, please refer to our Privacy Policy.
21.3 We may immediately end your use of the Services if you break the Rules of Acceptable Use, any other important rule(s), or Terms and Conditions we set for accessing and using the Services or Sites, including these Terms and Conditions.
We may also withdraw the Services as long as we give you reasonable notice that we plan to do this.
21.4 If you or we end your use of the Services or we withdraw the Services as described in this section, we may delete or modify your User Content, account, or any other information we hold about you. You will also lose any rights you have to use the Services or access our content or your User Content. We will not offer you compensation for any losses.
21.5 The termination of your use of the Services and the cancellation of your Account shall not affect any of your outstanding obligations to us (including obligation to pay any sums to us) or to any Client or Bridesmaid pursuant to any agreement with that Client or Bridesmaid.
22. Disclaimer of Warranties & Limitations of Liability
22.1 Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Sites and/or Services. Your use of the Sites and/or Services and the obligations and liabilities of us in respect of your use of the Sites and/or Services is expressly limited as follows:
22.2 Third-Party Websites
Notwithstanding the presentation of or links to any third-party information or website/app on the Sites and/or Services, no such presentation shall be considered an endorsement, guarantee, representation, or warranty, either express or implied by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter, or substance of any information accessed or obtained from third-party websites accessed from or via the Sites and/or Services. Access to third-party websites/apps from the Sites is done at your own risk. The Company makes no representations or warranties regarding any opportunities found via the Sites. Any such opportunities and information are provided “as is” except to the extent otherwise set forth in a license or sale agreement entered into in writing between you and the Company or with respect to warranties that may be provided by the provider of the opportunity, if any.
22.3 Disclaimer of Endorsement and Liability
The representations, views, and opinions expressed or implied in any document or image included in or linked to or from this site do not necessarily state or reflect those of the Company unless we explicitly say so. The Company does not endorse or recommend and assumes no responsibility or liability for any actions, opinions, information, or representations of any user, company, or information contained on the Sites and/or Services, nor do we guarantee or assume liability for the accuracy, completeness, or usefulness of any information maintained by us.
22.4 Disclaimer of Warranties
THE SITES AND SERVICES AND THEIR CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS SITES AND/OR SERVICES AND RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION PROVIDED ON THE SITES OR IN CONNECTION WITH THE SERVICES.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE. YOU AND NOT THE COMPANY ASSUME THE COST OF ALL NECESSARY COSTS, DAMAGES, SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITES AND/OR SERVICES OR THEIR CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE OR THE RESULT OF USE OF THE CONTENT OF THE SITES AND/OR THE SERVICES OFFERED ON THE SITES, INCLUDING BUT NOT LIMITED RELATED TO QUALITY, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THE SITES MAY INCLUDE ERRORS (INCLUDING WITHOUT LIMITATION TECHNICAL OR TYPOGRAPHICAL ERRORS) AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITES AT ANY TIME WITH OR WITHOUT NOTICE.
NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SITES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SITES.
22.5 Limitation of Liability
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITES AND/OR SERVICES OR RELIANCE UPON ANY INFORMATION PROVIDED ON OR THROUGH THE SITES OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
22.6 Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives, hereby irrevocably and fully release the Company and its subsidiaries, Affiliates, and each of their officers, directors, employees, assigns, agents, and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties, or fines, known or unknown, arising out of or in connection with (1) your use of this Sites and/or Services or (2) the use of any information accessed by you from this Sites and/or Services.
You agree to indemnify and hold the Company and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third-party due to or arising out of (1) your use of this Sites and/or Services, (2) information that you submit, transmit, or otherwise make available via this Sites and/or Services, or (3) your breach of these Terms and Conditions.
You agree to indemnify, defend, and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs, and expenses, including but not limited to attorneys’ fees and costs of suit, arising out of your breach of these Terms and Conditions.
22.7 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore some of the exclusions and/or limitations stated above may not apply to you.
23. Resolving Disputes
23.1 If you have a dispute with us relating to the Sites or Services, in the first instance please contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you on the most effective way of resolving the dispute.
23.2 If you have a dispute with another person who has registered with our Services in connection with the Services, we will provide reasonable assistance to resolve such disputes informally. For the avoidance of doubt, we are under no obligation to resolve such a dispute to the satisfaction of both parties.
24. Changes to the Service
24.1 We are constantly updating and improving the Sites and Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors, and the way people use the Internet and our Sites and Services.
24.2 In order to do this, we may need to update, reset, stop offering, and/or supporting a particular part of the Sites or Services or feature relating to the Service (“changes to the Service”). These changes to the Service may affect your past activities on the Service, features that you use, your Profile, and your User Content (“Service elements”). Any changes to the Service could involve your Service elements being deleted or reset.
24.3 You agree that a key characteristic of our Sites and Services is that changes to the Services will take place over time and this is an important basis on which we grant you access to the Services. Once we have made changes to the Services, your continued use of the Services will show that you have accepted any changes to the Services. You are always free to stop using the Services or deactivate your Account in the settings feature of the Services.
24.4 We will try where possible and reasonable to contact you to let you know about any significant changes to the Services.
25. Changes to the Documents
25.1 We may revise these Terms and Conditions from time to time.
25.2 Changes will usually occur because of new features being added to the Services, changes in the law, or where we need to clarify our position on something.
25.3 We will try where possible and reasonable to contact you to let you know about any significant changes to any of the documents referred to in these Terms and Conditions. We may contact you through the Services (for example, by asking you to accept the changes before you continue to use the Services) or via a separate email.
25.4 Normally we will try to give you some warning before the new Terms and Conditions become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
26. Documents that Apply to Our Relationship with You
26.1 The current version of the Terms and Conditions contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms and Conditions will no longer apply to our relationship and will be completely replaced by the current version.
26.2 We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the Services. If part of the Terms and Conditions cannot be enforced, then the remainder of the Terms and Conditions will still apply to our relationship.
27. Miscellaneous
27.1 Entire Agreement. These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Company governing your use of the Sites and Services, superseding any prior agreements between you and the Company with respect to the Sites and Services.
27.2 Waiver and Severability. The failure of the Company to enforce any right of the provisions in the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms and Conditions, and the Terms and Conditions shall be construed without regard to the invalid, illegal, or unenforceable provision.
27.3 Viruses and Transmission of Sensitive Information. The Company cannot and does not guarantee or warrant that the materials contained on the Sites will be free of viruses, worms, or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your device’s system to satisfy your requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet nor does the Company assume any responsibility for any products or services of or hyperlinks to third parties.
27.4 Appropriateness and Responsibility for Legal Compliance. We do not represent that materials on the Sites are appropriate or available for use in your location. Persons who choose to access the Sites and/or use the Services do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim, arbitration demand, or cause of action arising out of or related to use of the Sites and/or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms and Conditions or Privacy Policy is found to be unenforceable for any reason, then such provision shall be deemed deleted from the Terms and Conditions or the Privacy Policy, as the case may be, and shall not affect the validity or enforcement of any remaining provisions.
28. Law
28.1 California law will apply to all disputes and the interpretation of these Terms and Conditions. The Courts of California will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Sites and Services. If you are resident in the U.S., nothing in this clause shall affect your rights under the law of the country in which you live, including your right to have a dispute in relation to your use of the Service heard in the courts of that country.
28.2 If you are a consumer in the United States, you may use alternative dispute resolution methods as prescribed by applicable law if there is a dispute that cannot be resolved between you and the relevant party.
29. Contact, Feedback, and Complaints
29.1 If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please contact us at [email protected].
29.2 We value hearing from our users and are always interested in learning about ways we can improve the Sites and Services. By providing your feedback, you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.