The Bride Control website and/or future mobile application is owned or operated by SK App Factory CC and/or its subsidiaries or affiliates (collectively, referred to herein as “Bride Control,” "we," "us," or "our").
Certain features, products or software that you purchase or download from the Website may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. When you decide to enter a contest, competition or similar promotion or offer, we present the terms and conditions for such offers to you. In addition, some areas of the Website (including, without limitation, future Bride Control Shop and custom domain name purchases for wedding websites) are hosted or provided by our third-party host or service providers and are subject to additional terms and conditions of use, which are posted within those areas or on such third parties’ websites.
If your subscription includes access to areas containing premium content or services, your access to or use of such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas – please also see the section ‘Payments’ below.
Use of Our Website
Certain areas of the Website provide a place for Users to interact with other Users and book services offered by such Users. However, Bride Control does not provide any such User services, and is not an agent or representative for any User. Therefore, Bride Control has no control over any User’s activity on the Website, including interactions between Users, and does not make any representations regarding the quality, accuracy or safety of the services being provided by a User, or the activities or transactions between Users.
You acknowledge that the Website is a neutral platform and not a broker, and you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Bride Control shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Rules of Conduct
There are rules of conduct that all Users are required to follow when using the Website. You must not:
- ‘harvest,’ ‘scrape’ or collect information from the Website using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Website and information about the offerings, products, services and promotions available on or through the Website.
- use unauthorized automated means to access the Website, or otherwise gain unauthorized access to the Website or to any account or computer system connected to the Website.
- "stream catch" (download, store or transmit copies of streamed content).
- obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you.
- "flood" the Website with requests or otherwise overburden, disrupt or harm the Website or its systems (e.g., perform a Denial of Service attack).
- circumvent or reverse engineer the Website or its systems.
- restrict or inhibit another User or Users from using and enjoying the Website.
- manipulate or forge identifiers in order to disguise the origin of any information posted on the Website or otherwise provided to us or our employees.
- impersonate any person, including, but not limited to, other community members or our employees.
- engage in or promote spamming, chain letters or other unsolicited communications.
- provide inaccurate, misleading or false information to us.
- post any content or take any action that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal.
- post any content or take any action that seeks to harm or exploit children by exposing them to inappropriate content or behavior, asking for personally identifiable details or otherwise.
- post any content or take any action that is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise harmful (to Bride Control or any Users).
- post any content that contains any information that you know is not correct or current.
- post any content or take any action that encourages criminal conduct.
- post any content or take any action that contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty or operation of law.
- post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the Website.
- post any content or take any action that contains or distributes any virus, malware, spyware or other malicious or harmful content or code.
- post any content or take any other action that violates any law, rule or regulation, or contains any information or content that is illegal.
- You also must comply with all applicable laws and contractual obligations when you use the Website.
Ownership of Website Content and Submissions
You may choose, or we may invite you, to submit comments or ideas about the Website and our other products and services, including without limitation about how to improve the Website or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bride Control under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Idea, Bride Control does not waive any rights to use similar or related ideas previously known to Bride Control, developed by its employees, or obtained from sources other than you.
Responsibility for Public Postings and Content
Responsibility for what is posted in public areas of the Website lies with each User – you bear full responsibility for the material you post or otherwise make available in public areas of the Website. You alone are responsible for assessing the credibility of other User postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user posts and we are not responsible for their accuracy or legality.
Registration and Log In
To access certain features or areas of the Website, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Website are only available to our registered users, and to access those areas of the Website you will be required to log in using your username and password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for us to suspend or terminate your account and refuse you service in the future. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
If you are a business (including a wedding vendor) and experience a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all User reviews and other Website Content previously associated with such account.
Billing Policies: You are responsible for paying any and all applicable fees (including subscription fees) as set forth in any agreement entered into (i) through the Website (including for any mobile application or goods or services provided by a User to another User (a “User Provided Service”)) or (ii) by clicking through to another digital property or mobile application (including through the Apple App Store) that requires payment, and applicable taxes associated with the Website in a timely manner with a valid payment method.
Charges on Your Account: You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the Rand amount. You are also responsible for paying any taxes imposed on your use of the Website or any services contained therein (including for any User Provided Service), including, but not limited to, sales, use or VAT. To the extent Bride Control is obligated to collect such taxes, the applicable tax will be added to your billing account.
Authorisation; Payment Processing: You expressly authorise Bride Control to debit or credit any monies from the payment method you have chosen. Authorisation to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Website; provided, however, that such notice will not affect charges submitted before Bride Control could reasonably act. The vendor shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees.
Booking Fees: If applicable in future, Bride Control may collect a booking or other fee. Any such fees will be disclosed to you at your time of registration or at the time of booking.
Correcting Mistakes in Payments to Vendors and Customers: We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous Bride Control refund or reimbursement. Users will look solely to other Users (including wedding vendors) to resolve any payment error made by such User, and Bride Control will have no liability for such errors.
Customer Website Domains: We may in future, provide wedding website customized domains or similar service subscriptions in annual increments and related services via ourselves or third parties. Occasional service outages, downtime or disruptions to functionality may occur that we do not or cannot control. If such outages, downtime or disruptions occur, we will use commercially reasonable efforts to assist with restoring service as soon as possible. We are not liable or responsible for damages if such outages occur. Any and all responsibility and liability associated with the domain name or content on the domain is yours. We reserve the right at any time to reject (e.g., at the time of selection or any time afterward), abandon or transfer (including on your behalf) any domains and/or wedding websites in the event that we receive notification that the domain infringes or allegedly infringes any third-party right or for any other reason. After selecting a domain name, it may take an estimated forty-eight (48) business hours for your website to be viewable online. If the selected domain expires, the wedding website will revert to a subdomain selected by Bride Control in its sole discretion.
Automatic Membership Renewal (“Auto-Renew”)
To the extent Bride Control offers Users membership in any Website (including a domain in future), such memberships may renew automatically for successive periods unless otherwise agreed to by deactivating membership (you can do this in your dashboard). Without limiting the foregoing, if you sign up, upgrade or renew your membership, you are automatically entered into our auto-renew program unless otherwise specified in the applicable terms or agreement. This means that, unless otherwise specified in the applicable terms or agreement, we will charge your selected payment method at the start of each new membership term and during the membership term. In order to avoid billing of fees for the renewal term to your selected payment method, you must cancel your subscription before it renews as indicated in the applicable terms or agreement.
You may cancel your membership by contacting Bride Control at firstname.lastname@example.org. If you are enrolled in a monthly or other periodic payment plan and you decide to cancel during the membership period, you acknowledge and agree that, unless otherwise agreed in writing, you may continue to be billed on a monthly or other applicable periodic basis until your originally scheduled membership expiration date.
- Users acknowledge that they are submitting payment directly to the Beneficiary (via a third-party payment service or any other payment method) and therefore we are not responsible for lost payments, identity theft, fraud or refunds.
- In order for a Beneficiary to receive cash or other payment from a User, the Beneficiary will be required to link to their payment account with a third-party payment processor. In addition, each User will complete every form, document and online entry field in connection with a Cash Gifting Service and represents and warrants that all such information provided therein will be true, correct and complete.
- The Cash Gifting Service is a feature offered as a convenience to Users. Without limiting any other rights we have set forth herein we reserve the right to suspend, terminate, freeze or close any account in accordance the terms of the section ‘Suspension or Termination of Access’ below. Accounts may be frozen at the sole discretion of us or the third-party service provider until a review has been conducted and the validity of the account is confirmed.
The communications between you and us via the Website use electronic means, whether you visit the Website or send us an email, or whether we post notices on the Website or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Website in a manner that constitutes copyright infringement, please inform us on email@example.com and your query will be directed.
Changes to the Website
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Website or any portion of the Website. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
We control and operate the Website from our facilities in South Africa and, unless otherwise specified, the materials displayed on the Website are presented solely for the purpose of promoting products and services available in South Africa. We do not represent that materials on the Website are appropriate or available for use in other locations. If you choose to access the Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Applicable Law; No Waiver; Severability
Exclusions from Arbitration
You and we agree that any claim filed by either party in small claims court is not subject to the arbitration terms contained in this section. we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notice of Dispute; Negotiation
If you have a dispute with us, you must send written notice to us at the address 29 twain avenue, Buccleuch, Sandton, Gauteng to give us the opportunity to resolve the dispute informally through negotiation.
You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If we do not resolve your Dispute within sixty (60) days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.
Location of Arbitration
The arbitration proceedings shall be held in Sandton, Johannesburg. If you can demonstrate that arbitration in Sandton would create an undue burden to you, we may allow you to initiate the arbitration in your home province.
If any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.
This Section shall survive any termination of the provision of the associated services to you.
Disclaimer of Warranties
The website and its content and any services provided therein are provided for entertainment, educational and promotional purposes. We provide the website, its content and any services, including, without limitation, any sample document provided, displayed or generated by bride control, on an "as is" and "as available" basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose and non-infringement). This means that we make no promises that:
- The website will be available at any particular time,
- The website will meet any particular requirements or provide any particular results,
- The information on the website will be accurate or up-to-date,
- The website or the information transmitted to or from it or stored on it will be secure from unauthorized access,
- Information and materials that you store in your account or on the website will remain retrievable and uncorrupted, or
- The website will be uninterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected.
The website and its content and any services provided therein are not intended to, and do not, constitute medical or healthcare advice or diagnosis, and may not be used for such purposes. You should always consult with a qualified physician or other healthcare provider about your specific circumstances, including before starting any treatment, medical or otherwise.
We likewise make no warranties or representations regarding any products or services ordered or provided via the website. Any products and services ordered or provided via the website are provided "as is", except to the extent, if at all, otherwise set forth in a separate agreement entered into between you and us or between you and a third party.
If you purchase a product or service from a third party after following an ad or link on the website, or from another user on the website, the terms of sale for your purchase are between you and the third party from whom you made the purchase. We are not responsible for such third party products or services or for disputes between you and their sellers.
You agree that use of the website is at your own risk. Although we try to ensure that the information posted on the website is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on the website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the website. No advice, results or information, whether oral or written, obtained by you from us or through the website shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents, support documentation, by our customer service and support agents, and otherwise on the website or in correspondence with us or our agents. We are not responsible for any content or materials posted to the website by users, nor for disputes between users, or between users and third parties.
These disclaimers apply to us and our affiliated and related companies as well as third parties that are involved in the creation, production or distribution of the website, and any of their employees and agents.
Limitations of Liability
In no event will we or any of our subsidiaries or other affiliates, or any of our or their directors, officers, employees, agents or content or service providers, be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use, the website (or the content, materials and functions provided as part of the website), whether in an action of contract, negligence, or strict liability, even if we knew, should have known or had been advised of the possibility of such damages. Notwithstanding and without limiting the foregoing, you agree that our liability and the liability of our affiliates, and of any of our or their directors, officers, employees, agents or content or service providers, if any, arising out of any kind of legal claim in any way relating to the use of the website, will not exceed the amount you have actually paid to us, if any, for use of the website, or, if applicable, for use of the specific website feature or service from which the claim in question first arose.
Last Updated: 30 April 2018.