Terms for Wedding Suppliers

Terms & Conditions – Suppliers

Last Updated: 20th July 2023

Thank you for using wedissimo!

Introduction

These terms and conditions (‘Terms’) set out our agreement with You about how You use, and offer products or services to couples via, Our website www.wedissimo.com (“Website”) as a supplier (‘Supplier(s)’).  If You are a couple or individual looking to procure wedding services via Wedissimo, then please note We have separate terms and conditions which govern how You procure services and products through our Website, which are available here.  The Website is owned, operated and managed by Wedissimo Ltd (‘We’, ‘Us’, ‘Our’ or ‘wedissimo’) whose registered office is 4 Renshaw Close, London, SE6 4BB, a company formed under the laws of England with registered company number: 14853914. Throughout these Terms We use the word ‘You’ to refer to the individual using the Website, or where You are a corporate entity, that corporate entity, and the term ‘Your’ shall be construed accordingly.

Acceptance

By using the Website, including by creating a Supplier profile, or creating any listings for products or services on our Website, You agree to be bound by these Terms.  You may be provided a means of click accepting these Terms, and even where You have not clicked to accept the Terms, Your continued browsing and use of the Website shall be sufficient conduct to show Your acceptance of these Terms.  If You do not agree to these Terms, You should not use the Website.

Registering as a Supplier

To register as a Supplier on the Website, You must be 18 years of age.  You can register Your interest in joining the Website as a Supplier and We may review Your application and determine, in Our sole discretion, whether You should be accepted as a Supplier on the Website.  Prior to being accepted as a Supplier on the Website, You may be required to submit one or more references and attend a virtual interview.  We may also require that You provide Us with proof of liability insurance, certificates of incorporation and other documentation We may reasonably require to meet our vetting policies and for Us to comply with applicable laws.

We reserve the right, in our sole discretion, to (i) reject Your application to join Wedissimo as a Supplier; or (ii) remove Your profile and/or any of Your listings where we have reasonable grounds to do so.

Creating Profiles & Listings

Once Your registration as a Supplier has been accepted You will be able to create a profile (“Profile”).  Your Profile must contain certain information to meet Our minimum listing standards, including (without limitation) a short video of less than one minute (in a format advised to You by Us) before it is published (“Video Short”) to help Us promote Your services.

Once You have created a Profile which has been approved by Us, You may create one or more product or service listings (“Listings”).  You shall provide a product or service price for each Listing, and where applicable, for each day upon which the Listing is available to be booked.  The prices You provide will be inclusive of all applicable taxes. 

Information You Publish

You warrant and represent to Us that all information You provide to Us or that You publish or transmit on Our Website is factually accurate, and that You have all necessary rights and licences to such information.

You can cancel Your account and registration as a Supplier on Wedissimo at any time by contacting us at info@wedissimo.com.  You may also add or remove Listings at any time via Your account.  However, where You have accepted one or more Bookings via the Website for Booked Services to be provided at a future date, You must maintain Your account and Profile (but not necessarily Listings) until 30 days after the last date on which a Booked Service has occurred.

Prices & Availability

You must ensure that You maintain an up-to-date calendar which sets out Your availability.  This is vital for the functionality of Our Website as it allows couples to browse by availability for their wedding date.  We may offer calendar feeds and integrations with existing calendars You have, but it is Your responsibility to maintain an accurate and up-to-date calendar at all times.  You may be able to offer different prices for listings on different days of the week or at different times of the year, and We would encourage You to use this functionality, particularly to provide discounts at non-peak periods as this may greatly increase Your listings’ visibility on Our Website.  

The prices that You charge for Your listings should be fully inclusive of any travel or accommodation costs within Your chosen radius, and include any sales tax or VAT.  You must ensure that the maximum price that You charge for each listing is no more expensive than any other prices for the same, or substantially similar wedding photography packages offered by You on any other platform or medium.  Whilst We do not require that You have cheaper prices for Your listings than the same, or substantially similar wedding photography packages offered by You on any other platform or medium, You must offer prices for Your services on Wedissimo which are at least as favourable to Your Clients as offered on Your own website and on other platforms or medium where You offer Your services.  

Your prices should include all items within the listing, and if You wish to include additional items to Your listings (e.g. for example adding a second shooter, or adding additional hours or an album) You can add these as optional bolt-on purchases to Your listings.

Data Privacy & Cookie Policy

These Terms also incorporate our Data Privacy Policy and our Cookie Policy, and We and You agree to be bound by their terms.

Our Rights to Protect the Community

In order to protect wedissimo, Our other Suppliers and licensees, and other users of the wedissimo Website, We reserve the right to suspend or block Your access to the Website (including by blocking Your IP address, or contacting Your internet service provider to block Your access), or suspend, block or cancel Your account, Your Profile or any of Your listings, in each case where We think it is reasonable to do so in Our sole discretion.  We may edit Your account details, Profile or Listings at Our sole discretion.  Additionally, You must not use the Website:

• in any way that may impair the usual operation, performance or availability of the Website;
• in any way that is unlawful or fraudulent;
• to harass, bully, insult, intimidate or humiliate any person;
• to transmit or publish Content which is libellous or maliciously false, or otherwise seek to defame any person;
• to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• to transmit any Content 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;
• to transmit any Content which is blasphemous, obscene or indecent or which may otherwise promote hatred or discrimination;
• conduct any systematic or automated collection of Content without Our express written consent
• to upload terrorist Content or extremist Content; 
• to post any link to any website or web page without Our written permission;
• to infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of another party;
• be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory
• to upload any Content that You do not have the rights to upload; or
• to transmit or publish any Content that is untrue or misleading.

We may contact anyone who has made a Booking with You for any Booked Services, or other users of the Website, to confirm Your compliance with these Terms.

Our role

Our Website is a marketplace, and We provide You with the ability to offer Your products or services to customers (“Your Clients”) via the Website.  When Your Clients make a booking for Your products or services via the Website (“Booked Services”), through the Website, then You have an agreement directly with Your Clients and not with wedissimo with respect to such Booked Services.  Our role is simply that of an intermediary introducing You to Your Clients and coordinating the payment and booking of the relevant services or purchasing the relevant products.  If You have a complaint or issue with Your Clients, You should seek to resolve these issues with them in the first instance.  You may contact wedissimo support to help resolve any issues You have, however We will not act as a mediator between You and Your Client.  You have no direct contract with Us for the provision of wedding services and/or the sale of goods made via the Website.  Wedissimo shall not be liable to You for any non-payment or late-payment by Your Client, and such instances will be treated in accordance with Our cancellation terms, below.

Wedissimo shall retain all rights to and in the Website.  Other than for the licences You provide Us, You shall retain all rights to and in Your Content as set out in detail below.

Accepting Bookings through Wedissimo

Where You accept a booking via the Website for any Booked Services, We will accept an advanced payment (“Deposit”) from Your Client of 20% of the total price for the relevant Booked Services (“Total Booking Value”) on Your behalf and You will receive a confirmation of the Booked Services.  At this point You have a direct contract to provide the relevant Booked Services to Your Client on the date upon which they have been booked (“Event Date”).  You shall perform the Booked Services for Your Client in accordance with good industry practice, using suitable equipment, and in accordance with any instructions You have agreed with Your Client or other additional terms You have set out in the relevant listing, and in accordance with all applicable laws.  We will take a further payment on Your behalf of the remainder of the Total Booking Value 30 days before the Event Date.  If We are unable to take further payment by this date, We will seek to resolve the payment issues directly with Your Client before confirming with You that the booking has been cancelled, in accordance with our cancellation policy.   If You are VAT registered, You shall be required to provide a VAT receipt to all of Your Clients for the Booked Services.

We will charge You a commission (“Commission”) as a percentage of the Total Booking Value of 18.75%.  We will deduct Our Commission from the collected funds and the remaining funds will be dispersed to You via Our payment gateway within five days of the Event Date.

In some instances, You may be able to adjust Your bookings settings so that You have the ability to accept or reject a booking request rather than automatically accept bookings.  In such circumstances Your booking is therefore only confirmed, and Your contract with Your Client for the provision of services is only confirmed, once Your Client pays the Deposit for such a booking.  You will receive an email notification when this happens.  We recommend that You accept or reject all booking requests within 24 hours, and any failure by You to accept or reject a booking request within 24 hours may result in higher cancellations.

It is Your responsibility to maintain an accurate and up-to-date calendar, and accurate pricing on all Listings. 

Cancellation Policy – Cancellations by Your Client

When You accept a booking (either manually, or where You have toggled Your settings to automatically accept bookings) for a Booked Service, You accept and agree to the cancellation policy set out below in addition to any terms and conditions that You may have agreed with Your Client.

• Cancellation Within 30 Days of Booking: In general, where Your Client cancels Your Booked Services for any reason (or no reason) within 30 days of the date upon which Your Client makes that booking, Your Client shall receive a full refund of the Deposit and You shall not receive any money, and We shall not charge You any Commission.  The only exception to this is that Your Client will not be entitled to any refund of the Deposit or the remaining balance of the Total Booking Value if Your Client cancels a Booked Service within 30 days of the Event Date.  

• Cancellation After 30 Days of Booking: In general, where Your Client cancels Your Booked Services after 30 days of making the booking, Your Client will not be entitled to receive a refund of the Deposit, and We will charge Our Commission up to the total value of the Deposit.  In such circumstances You may receive some funds where Our Commission is less than the total value of the Deposit.  You will not be entitled to receive any further sums in excess of this.  The only exception to this is that Your Client will not be entitled to any refund of the Deposit or the remaining balance of the Total Booking Value if Your Client cancels a Booked Service within 30 days of the Event Date.  
• Cancellation Within 30 Days of Your Event Date: Where Your Client cancels Your Booked Services within 30 days of the Event Date, You shall receive the Total Booking Value less any Commission.
• Non-Payment: Where We are unable to take a payment from Your Client for the Deposit, or the remaining balance, such a booking will be deemed to have been cancelled by Your Client in accordance with this policy.  Where Your Client fails to make the payment of the remaining balance within 30 days of the Event Date, Your Client will not be entitled to receive a refund of the Deposit, and We will charge Our Commission up to the total value of the Deposit.  In such circumstances You may receive some funds where Our Commission is less than the total value of the Deposit.  You will not be entitled to receive any further sums in excess of this. 

Cancellations Due to Events Beyond a Party’s Reasonable Control

A booking may be cancelled due to an event which is beyond the reasonable control of Your Client, for example: extreme weather conditions, government actions, war, terrorism, epidemics, pandemics, riots, strikes, and acts of God. Where this happens, the cancellation policy above no longer applies and You will not be entitled to any fees for the so-cancelled Booked Services and the cancellation terms above shall not apply. Neither You nor Us shall be in breach of this agreement nor liable for failure or delay if and to the extent that such failure or delay is due to such an event. 

User Account

You may register an account with Our Website by creating a user ID, or by logging in via a social media or other third party login.   You must not use Your account or user ID to impersonate any other person, and You must keep Your password confidential. If You become aware of any disclosure of Your password You must notify Us in writing immediately.  You remain responsible for any activity on Our Website from Your Account, or arising out of any failure by You to keep Your password confidential.  We may hold You liable for any losses arising out of Your failure to maintain the confidentiality of Your password or login credentials, and You shall hold Us harmless from any losses arising out of such a failure.

Disintermediation

We are committed to providing a transparent and fair platform for couples and wedding suppliers to interact.  You must not make any attempt to bypass or circumvent the Website’s platform to conduct transactions outside the Website with any other user of Wedissimo (“Disintermediation”).  The Website provides a secure and convenient platform for booking and promoting wedding services, and any attempts to conduct transactions outside the Website undermine the integrity of Our service. 

In particular, You may not:

1. share personal contact details, such as email addresses, phone numbers, or social media profiles, within the Website’s messaging system or public listings; 
2. encourage or direct other users to complete transactions outside the Website;
3. circumvent the payment methods offered on the Website; or
4. communicate or negotiate terms outside the Website’s messaging system.

If We detect any form of Disintermediation, We may take the following actions:

1. You may receive a warning advising You of the consequences of Disintermediation;
2. Your account may be suspended pending further investigation;
3. repeated or egregious violations may result in the permanent termination of Your account without prior notice; and
4. in cases of intentional or significant Disintermediation that causes harm to Us, we may pursue legal action to protect Our interests.

If You suspect or come across any form of Disintermediation on the Website, please report it immediately to Our support team. We appreciate Your cooperation in maintaining the integrity of Our Website.  If Your Client seeks to pay You outside of the Website, You shall redirect Your Client to pay via the Website.

We may monitor Your communications with any other user of wedissimo made on or through the Website to ensure Your compliance with these Terms.  Where we are concerned that any communications made through the Website may be in breach of these Terms, we may edit, block or delete such communications.

We are not responsible for any transactions conducted outside the Website. Engaging in Disintermediation may lead to potential risks, including fraud, loss of funds, cancelled bookings or non-payment.  We are unable to offer any support for bookings made outside of the Website. We strongly advise all users to conduct transactions solely through the Website’s provided channels.

Your Content

Where You transmit or publish any Content on Our Website or otherwise provide Us with any Content as part of Your application to be a Supplier (collectively “Your Content”), You shall ensure that You have all necessary rights to do so.  You shall not publish or transmit any Content for which You do not have the necessary rights.  You shall grant Us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable (through multiple tiers) licence to use, reproduce, store, adapt, publish, edit, translate and distribute Your Content in any existing or future media and to reproduce, store and publish Your Content on and in relation to this Website and any successor Website, including on Our social media pages and other third-party publications to promote wedissimo, this Website, our Suppliers, or otherwise.  Other than the Video Short (all rights to which You irrevocably assign to Us) You shall retain all intellectual property rights in and to Your Content.  You may not use the Video Short in any medium.

You hereby waive any ‘moral rights’ You may have in Your Content to the maximum extent permitted by applicable law; and You warrant and represent that all other moral rights in Your Content have been waived to the maximum extent permitted by applicable law.  That said, where commercially reasonable to do so, and provided there is sufficient space, we will try to (i) use Your Content to promote Your Profile or Your Listings on the Website, or (ii) otherwise identify You as the author of Your Content.

You may edit and remove Your Content where We provide such functionality.  We do not guarantee that we will publish, or keep published, any of Your Content, and we reserve the right to edit, suspend or delete Your Content where we have reasonable grounds to do so.

Reviews

We value the opinions and experiences of Our community. We encourage users of Wedissimo to share their thoughts and reviews about Booked Services. However, We also want to maintain a fair and respectful environment for everyone. You agree that We may contact any of Your clients who have booked Your services or procured Your products via the Website (“Booked Services”) to seek feedback and to provide a review of the Booked Services.  You agree that all rights in and to any reviews of Your products or Services on the Website may not be reproduced on any other medium without Our express written consent.

Reporting Abuse, Intellectual Property Infringement or Defamation

Our Website contains a lot of Content from third parties, including other Suppliers, and certain user-generated content (for example reviews).  Where You are concerned that any Content that is made available on Our Website violates any applicable laws, is abusive or in breach of these Terms, infringes Your intellectual property rights or the intellectual property rights of a third party, or is defamatory or libellous, You should let Us know by writing to Us at legal@wedissimo.com. 

Limitations and exclusions of liability

We shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use of the Our Website, or these Terms.  

Our Website and services are provided on an ‘as-is’ basis, and we cannot guarantee that the Website will work as intended, or will always be available, and We reserve the right to suspend or discontinue the Website at any time without notice.  Whilst we endeavour to provide information from reliable sources, we cannot warrant or represent as to the accuracy or completeness of any information and data which is made available on Our Website, nor that such information or data is up to date.  All conditions, warranties and obligations which may be implied by law are expressly excluded to the maximum extent permitted by law.  While we maintain policies and processes designed to prevent the transmission of viruses or malicious code, we do not warrant that the Website will be free of viruses or malicious code, and we recommend that You maintain up to date antivirus software.

We will not be liable for any claims brought against You by any person who books Your services via Our Website, and You shall indemnify Us and hold Us harmless against all losses arising out of such a claim.

We will not be liable for any losses arising out of Your breach of these Terms, or Your breach of any applicable laws, including (without limitation) tax laws or health and safety laws.

We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

Our maximum liability to You in connection with these Terms, Your use of Our Website and Our provision of services to You will be limited to the total Commission charged to You in the twelve (12) months immediately prior to the event giving rise to any claim.

The exclusions in this section of the Terms shall not apply to the extent a claim results from death or personal injury arising out of Our negligence, or to fraud or fraudulent misrepresentation, or any other liability which cannot be excluded under applicable law.

Indemnity

You hereby defend Us, and indemnify and hold Us harmless, and undertake to keep Us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute) incurred or suffered by Us and arising directly or indirectly out of (i) any breach by You of any provision of these Terms; (ii) Your use of Our Website; (iii) Your offer of products or services via the Website; (iv) any breach by You of any applicable laws; (v) any claim from another party that Content that You transmit or publish on or via the Website infringes the rights of another party or is libellous or defamatory of another party; (vi) your performance, or non-performance of any Booked Services.

We will notify You promptly of any claim or dispute covered by the defence and indemnity obligations above, and We shall provide You with Our reasonable cooperation in defending and settling any such claim or dispute.  You, or Your insurers, shall have the right to control the defence of any such claim or dispute, however We may participate in the defence of such a claim or dispute at Our own expense.  

Third Party Websites

We may include links to other Websites owned and operated by third parties. We have no responsibility for the Content of such third party Websites.  We have no control over third party Websites and their Contents, and We accept no responsibility for them or for any loss or damage that may arise from Your use of them.

Confidentiality

You shall treat as confidential these Terms, and any communication We have with You directly in respect of Your account on Wedissimo.

Trademarks

“Wedissimo” and the “w” logo are trademarks or service marks of Ours.  All other trademarks on Our Website are the property of their respective owners and, unless stated otherwise in these Terms, We are not affiliated with any of the holders of any such rights.  All rights in such trademarks are reserved.  You shall not use Our trademarks without our written consent, nor seek to register any of Our trademarks or any confusingly similar marks anywhere.

Variation

We may vary these Terms at any time in our sole discretion, by posting any new Terms at this Website address.  We are not required to provide You with any notice of such variations, nor do such variations require Your consent.  If You do not agree to any changes made to these Terms, You should discontinue using this Website.

Assignment

You agree that We may assign, transfer, or sub-contract our Our rights and/or obligations under these Terms.

You may not without Our prior written consent assign, transfer or subcontract any of Your rights and/or obligations under these Terms without Our express written permission.

Severability

If any part of these Terms is found to be invalid or unenforceable, it won’t affect the validity and enforceability of the rest of these Terms. The other parts will still remain in effect and fully enforceable.

Waiver

If We decide not to enforce a particular right or provision stated in these Terms at any given time, it does not mean We are giving up that right permanently. We can still choose to enforce it in the future if We wish to do so.

Third Party Rights

A contract under these Terms is for Our benefit and Your benefit, and is not intended to benefit or be enforceable by any third party.  A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.

Entire Agreement

These Terms contain the complete understanding and agreement between You and Us. The Terms supersedes any prior oral or written agreements, discussions, or understandings regarding the same subject matter.   Each of You and Us agree that, in entering into these Terms, we have not relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) which is not expressly set out in these Terms.

Law and Jurisdiction

In case any disputes or legal issues arise concerning these Terms, or their formation or validity, You and We each agree that the courts in England and Wales have the exclusive jurisdiction and authority to resolve these matters. The laws of England will govern the interpretation, validity, and enforcement of these Terms.