Terms of Service

TERMS OF SERVICE

Last Modified: April 2, 2018

1. Acceptance of Terms

Welcome to GTA Wedding (hereinafter referred to as "GTA Wedding", "Company", "We", "Us" or "Our"), a business operating from its head offices in North York in accordance with the provincial laws of Ontario and federal laws of Canada. By accessing www.gtawedding.ca ("Website" or "Site") or GTA Wedding social media pages and groups on third-party platforms ("GTA Wedding Group"), you (the "User", "You" or "Your") agree to be bound by these Terms of Service as well as Privacy Policy (collectively "Terms" or "Agreement").

Please carefully read this Agreement before you proceed to use the Website or GTA Wedding Group (hereinafter collectively referred to as "GTA Wedding Marketplace"). This Agreement governs your rights and obligations when you access the GTA Wedding Marketplace. If you do not wish to be bound by any provision of this Agreement, please do not access/use the GTA Wedding Marketplace.

GTA Wedding Marketplace is made available to you only upon your acceptance of this Agreement.

PLEASE NOTE THAT OUR ACCEPTANCE OF ANY VENDOR ACCOUNT AND PLACEMENT OF ANY ADVERTISEMENT, CONTEST OR EVENTS ON THE GTA WEDDING MARKETPLACE DOES NOT CONSTITUTE AN ENDORSEMENT OF ADVERTISED PRODUCT/SERVICE OR THE VENDOR. WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES PROMOTED ON THE GTA WEDDING MARKETPLACE AND WE WILL NOT BE A PARTY TO ANY AGREEMENT BETWEEN VENDORS AND CONSUMERS. IT IS SOLELY YOUR RESPONSIBILITY AS A VENDOR TO ASSESS CONSUMER’S ABILITY TO PAY FOR ANY PRODUCT OR SERVICES. THE COMPANY WILL NOT BE A PARTY TO ANY DISPUTES BETWEEN VENDORS AND CONSUMERS UNDER ANY CIRCUMSTANCES.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE GTA WEDDING MARKETPLACE SERVICE AND ENTERED INTO THIS AGREEMENT WITH YOU IN RELIANCE UPON THE LIMITATION OF OUR LIABILITY AND DISCLAIMERS AS SET OUT IN THIS AGREEMENT. THESE DISCLAIMERS AND LIMITATION OF LIABILITY REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND THEY FORM AN ESSENTIAL BASIS OF BARGAIN BETWEEN YOU AND THE COMPANY. YOU UNDERSTAND AND ACCEPT THAT THE COMPANY WOULD NOT BE ABLE TO OFFER YOU GTA WEDDING MARKETPLACE SERVICES ON AN ECONOMICALLY VIABLE BASIS WITHOUT THE AFOREMENTIONED LIMITATIONS OF ITS LIABILITY.

2. Additional Terms

Use of certain features and services offered by the Company may be governed by additional terms and conditions. If ever there is a conflict between this Agreement and terms and conditions posted for any specific area of the GTA Wedding Marketplace, the latter terms and conditions will take precedence with respect to your use of that area or service.

3. Eligibility

You must be at least 18 years of age to sign up as a Vendor on the GTA Wedding Marketplace. If the legal age of entering into binding agreements is older than 18 years in your local jurisdiction, you are not eligible to use the GTA Wedding Marketplace unless you have attained the age of majority. Membership or use of GTA Wedding Marketplace is void where prohibited by applicable law, and the right to access the GTA Wedding Marketplace will be deemed to be revoked in such jurisdictions ab initio. Failing to comply with these restrictions will result in a permanent IP Address ban from GTA Wedding Marketplace.

By using the GTA Wedding Marketplace, you represent and warrant to the Company that you have the right, authority, and capacity to enter into this Agreement. You also agree that you will use the GTA Wedding Marketplace in a manner consistent with any and all applicable laws and regulations. Where you enter into this Agreement on behalf of another individual or entity, you represent and warrant to the Company that you have the authority and capacity to act on behalf of that individual or entity and to bind that individual or entity to this Agreement.

If you are a Competitor of GTA Wedding Marketplace or if have been banned from using the GTA Wedding Marketplace Service in the past, you understand that you are strictly forbidden from:

  • Creating an account for GTA Wedding Marketplace;
  • Try to acquire access to another User’s GTA Wedding Marketplace account;
  • Try to gain access to the GTA Wedding Marketplace through any other unauthorized mechanism.

4. Key Terms

Unless expressly stated otherwise, the following terms will have the meaning as defined below:

"Vendor/s" - refers to Users who subscribe for a Vendor account on the Website to post/promote their products or services and access other interactive social media marketing services offered by the Company.

"Consumer/s" - refers to Users who use the GTA Wedding Marketplace to find Vendors offering wedding related products and services.

"User" - refers to all those who access the GTA Wedding Marketplace and includes any reference to Vendors, Consumers, You and Your.

"Advertisement" - refers to any text, images or graphics posted by Vendors promoting any products/services or by the Company acting on behalf of the Vendors on the GTA Wedding Marketplace.

"Subscription Fees" - refers to the subscription fees payable by Vendors to access the GTA Wedding Marketplace services.

"Sale Agreement" - refers to an agreement governing commercial transaction between a Consumer and a Vendor.

5. GTA Wedding Marketplace Service

GTA Wedding Marketplace enables Vendors to market their wedding industry-specific products and services to Consumers through various marketing channels offered by the Company including Company’s website and social media groups on third-party platforms.

VENDORS UNDERSTAND AND AGREE THAT THE COMPANY IS NOT A PARTY TO ANY PRODUCTS OR SERVICES THEY ADVERTISE, PROMOTE OR OFFER THROUGH THE GTA WEDDING MARKETPLACE. THE COMPANY DOES NOT ACT AS VENDOR’S AGENT OR INSURER AND THE COMPANY DOES NOT HAVE ANY CONTROL OVER THE CONDUCT OF ANY CONSUMER OR ANY OTHER USER ON THE GTA WEDDING MARKETPLACE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY ANY USER ARISING OUT OF OR RELATING TO USE OF THE GTA WEDDING MARKETPLACE.

YOUR USE OF THE GTA WEDDING MARKETPLACE SERVICE IS SOLELY AT YOUR OWN RISK.

Unless expressly agreed otherwise, the responsibility of the Company is limited to facilitating the availability of the GTA Wedding Marketplace as set out in this Agreement.

6. Account Set Up

The Company offers different paid subscription plans to suit different business needs and budgets. As a Vendor, you can easily select your preferred plan and sign up at www.gtawedding.ca.

You agree to provide accurate, current and complete information when subscribing to GTA Wedding Marketplace. It is solely your responsibility to keep this information up to date.

We may in our sole discretion decline your account registration without providing any reasons for our decision. We also reserve the right to terminate your account if we discover or suspect that you have provided us with false, inaccurate or outdated information or breached any provision of this Agreement.

You are solely responsible for protecting your username and password to prevent any unauthorized access to your account. The Company will not be held liable for any loss, damage, cost or claim incurred by you or any third-party as a result of any unauthorized activity under your User account. You agree that any activity on your account is entirely your own responsibility.

If you become aware of any suspicious activity on your account or if you have a reason to believe that there has been a security breach, please immediately contact us at info@gtawedding.ca.

The Company reserves the right to introduce any new paid features and functionalities without giving any notice to you.

7. Payment Policy

The Company currently offer different subscription plans on a monthly, quarterly and annual subscription basis to suit different business needs. All our plans and accompanying subscription fees are listed on our Website. Please note that you will only be eligible to use the services as described in your selected subscription plan. All subscription fees are specified in Canadian Dollars (CAD). You will be charged according to your selected plan when you first subscribe and each month, quarter or year thereafter, according to your selected billing cycle, on an automatically recurring basis until you choose to cancel your subscription.

We use secure Stripe payment gateway to process online payments. Please note - We do not hold your credit card or billing information on our records and all financial information is collected and managed by Stripe Inc. By subscribing to GTA Wedding Marketplace, you further agree to abide by our payment processor’s terms and conditions as well as privacy policy. To familiarise yourself with Stripe’s legal policies, please visit the link here.

In the event we do not receive your subscription fee on the date it was due and payable, we will attempt to contact you at the contact information provided by you. We reserve the right to suspend or terminate your access to the GTA Wedding Marketplace until such time that we receive the full outstanding subscription fee. Please note that we will not be held responsible for any third-party claims, loss of revenue or lost opportunity as a result of cancellation or suspension of your access to the GTA Wedding Marketplace as a result of non-payment of your subscription fee. It is solely your responsibility to ensure that your subscription fee is paid on time to avoid suspension of your account.

The Company reserves the right to modify any plans, subscription fees, payment, cancellation and refund policy at any time by amending these Terms. In the event of any change in subscription fees which requires you to pay higher fees, than you paid in the last billing cycle, we will give you at least thirty (30) days notice before billing you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to cease using the GTA Wedding Marketplace Services by cancelling or downgrading your current plan.

8. Subscription Cancellation and Account Termination

You may cancel your subscription anytime by accessing the account settings from www.gtawedding.ca or alternatively contacting us via email at info@gtawedding.ca with the words “Cancellation” in the subject line. To avoid being billed for the next cycle we advise Vendors to cancel their subscription before the end of their current billing cycle. If you cancel your subscription before the end of your billing cycle, you will retain access to GTA Wedding Marketplace Service until the end of your billing cycle.

The Company reserves the right to terminate and/or restrict Vendor’s access to the GTA Wedding Marketplace at any time without providing any notice. Actions that may give rise to the termination of Vendor account include but are not limited to:

  • Violation of any provisions of this Agreement by the Vendor;
  • Where the Company determines that Vendor’s conduct is harmful to the Company or any other Users;
  • Non-payment of subscription fees;
  • Any attempts by a Vendor to manipulate user reviews on the GTA Wedding Marketplace;
  • Repeated violation of posting rules and community guidelines;
  • The Company discontinues the GTA Wedding Marketplace Service for any reason.

9. Refund Policy

Subscription payments are deemed to be fully earned on the day your account is charged. Please note that we do not offer any partial refunds in the event you decide to cancel your subscription before the end of your billing cycle.

Where the Company decides to grant your refund request, such refund will be made to the same account from which the payment was received. The processing of refund payment may take time, please wait at least 15 days after your refund request has been approved for the payment to appear in your account.

10. User-Generated Content

User-Generated Content refers to any and all content uploaded, posted, promoted or advertised on the GTA Wedding Marketplace by Vendors, Company when acting on behalf of Vendors or content posted by Consumers.

User Generated Content includes but is not limited to Vendor’s business profile, images, videos or text posted in any public or private area and includes ratings and reviews posted by Consumers.

We do not claim ownership of any User Generated Content, but you do acknowledge that any User Generated Content that you post/submit on the GTA Wedding Marketplace is accessible and will be visible to other Users. By posting, submitting or contributing any text, images, videos and other similar content on the GTA Wedding Marketplace, you represent and warrant to us that you have the intellectual property rights and authority to submit such content and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any third-party. You further grant the Company and its authorized personnel the right to identify you as the author/creator of such User Generated Content by name, username, or email address where appropriate and/or required by law.

You grant us irrevocable, royalty-free and fully paid, non-exclusive worldwide license to use, distribute, reproduce, modify, adapt, publish, display or share, any of your User Generated Content to deliver GTA Wedding Marketplace Services. You hereby waive any claims for compensation arising from the Company’s use of your User Generated Content as outlined in this Agreement.

You agree that any content that you post on the GTA Wedding Marketplace:

  • Will not violate any applicable laws including but not limited to copyright, trademark or patent of any other person or entity;
  • Will not contain any information that you do not wish to be publicly displayed;
  • Will not make offers promoting any counterfeit products or illegal services;
  • Will not be demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory or suggestive;
  • Will not breach any provisions of this Agreement or the terms of service of any third-party platform used by the Company to deliver the GTA Wedding Marketplace Services to you;
  • Will not disclose or share any personal information of another person without their express consent or in any way violate privacy rights of another;

The Company reserves the right but is not under any obligation to remove any such Vendor Content that violates any provision of this Agreement or is deemed inappropriate by the Company in its sole discretion.

11. No Liability for User Generated Content

You understand that all User Generated Content is the sole responsibility of the User from whom such Content originated; that the Company will not be liable for any errors, omissions or inaccuracies in any User Generated Content. The Company cannot guarantee the identity of any other User or authenticity of any information provided by Users through the GTA Wedding Marketplace including product/service ratings and reviews. Your use of User Generated Content is solely at your own risk. Please note that the Company does not endorse or recommend any User Generated Content and you hereby expressly release the Company from any liability arising out of or associated with your use of any User Generated Content.

12. Commercial Transactions between Users

GTA Wedding Marketplace enables Vendors to advertise/promote their wedding products and services to Consumers in the area. All such advertisements/promotions form part of the User Generated Content and solely the responsibility of the Vendor from whom such content originated. Consumers understand that all such offers may be subject to additional Vendor terms and conditions.

To the extent that such additional Vendor terms do not conflict with the terms and conditions in this Agreement and do not expand Company’s obligations or restrict Company’s rights under this Agreement, the Consumer will be bound by the Seller’s terms and conditions. It is solely the responsibility of the Consumer to review any additional Vendor terms and conditions before entering into any commercial transactions with the Vendor. Both parties (Vendors and Consumers) agree that the Company is not a party to any product or service offers made through the GTA Wedding Marketplace and will not be responsible for any obligations arising from the agreement between the Consumers and Vendors.

13. Vendor Conduct and Obligations

You agree to conduct yourself in a professional manner when using the GTA Wedding Marketplace and you expressly agree that:

  • You will only provide true and accurate information to consumers in your advertisements on the GTA Wedding Marketplace;
  • You will obtain all relevant permits, licenses and consents required to deliver any good and services you advertise on the GTA Wedding Marketplace;
  • You will not use the GTA Wedding Marketplace and/or any features and functionality offered by the Company for any unlawful or illegal purposes;
  • You will not create more than ONE account per business for GTA Wedding Marketplace. There is a one profile per member limit on the GTA Wedding Marketplace;
  • You will not create contests, offer free giveaways, live streams and/or use other mechanisms to recruit members from the GTA Wedding Marketplace including any advertisements for wedding shows or to attract social media followers without the express written consent of the Company;
  • You will pay all amounts due and payable by you to the Company by the payment method chosen by the Company;
  • You will not modify, adapt, translate, or reverse engineer any portion of the GTA Wedding Marketplace Service;
  • You will not use any robot, spider, site scraping/retrieval application or other automated routines in order to scrape any data/information from any part of the GTA Wedding Marketplace Service;
  • You will not reformat or frame any portion of the GTA Wedding Marketplace Service without the express written consent of the Company;
  • You will not post or submit any content or material on any website, that falsely expresses or imply that such content or material is sponsored or endorsed by the Company;
  • You will not transmit any viruses, defects, Trojan horses or other items of a destructive nature to GTA Wedding Marketplace;
  • You will not copy or store any content offered on the GTA Wedding Marketplace for other than your own personal use;
  • You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • You will not reproduce, distribute, display or make available any data, information or part of the GTA Wedding Marketplace to any third-party without the express written consent of an authorized representative of the Company;
  • You will not test the vulnerability or security of GTA Wedding Marketplace Services;

Any violation of this provision may result in suspension or termination of your user account. The Company reserves the right to prosecute any violations of this provision in its sole discretion.

14. No Spam Policy

We have a zero tolerance policy towards spam. We review content and accounts that are flagged by our moderators and Users and remove those indulging in spammy behaviour such as posting crass advertisements, exceeding your posting limit repeatedly, posting identical copies of the same content (or almost similar content), posting content with misleading descriptions, titles or links in order to manipulate other Users.

Any act of posting or sending unwanted and/or repetitive content will be deemed as spam and we reserve the right to immediately restrict your access to GTA Wedding Marketplace.

15. Intellectual Property

Excluding the User Generated Content, all content available on the GTA Wedding Marketplace including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors and subject to trademark, copyright and other intellectual property laws, foreign laws and international conventions. All Company Content is provided to you for your personal and non-commercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent or the consent of the content creator will amount to infringement of intellectual property rights.

You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights and licences to use. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited.

You have a limited, non-exclusive, non-transferable license to use the GTA Wedding Marketplace for your personal and non-commercial use only, in accordance with this Agreement and your subscription package. Any rights not expressly granted in this provision are reserved.

16. Copyright Disputes

We respect the intellectual property rights of others and do not condone any intellectual property law violation.

If you believe that your copyrighted material or content is posted, uploaded or made accessible on GTA Wedding Marketplace without your authorization, please contact us at the email address provided below with the following information:

  • Identification of the material or content that is claimed to be infringing your copyright;
  • Description of the original content that is claimed to be have been infringed;
  • Your contact information including your name, phone number and email address;
  • A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.
  • A statement by you that all information provided by you to us is accurate and complete;

Contact Us:
Email: info@gtawedding.ca

We will communicate the dispute to the User who posted the alleged infringing content on the GTA Wedding Marketplace and offer such User an opportunity to rebut the dispute.

We will communicate any rebuttals to you within 14 days from the date of receipt of your dispute.

If you are a GTA Wedding Marketplace User and your User Generated Content has been wrongly removed as a result of copyright infringement dispute please contact us at the Contact email provided above in this provision along with:

  • Identifying the User Generated Content that has been wrongly removed with a link to the page where the content was posted before it was removed;
  • A statement by you setting out that you are the owner or have the requisite authority or license to the User Generated Content that was wrongly removed.

17. Use of Third-Party Platform

You understand and agree that the Company makes use of third-party platforms to deliver GTA Wedding Marketplace Services to you. These third-party platforms are owned and operated by Facebook, Twitter, Pinterest Etc (hereinafter collectively referred to as “Third-party platforms”). These Third-party platforms have their own terms and conditions and privacy policy that govern your use of their services. When you use GTA Wedding Marketplace Services on such third-party platforms (such as when you join our Facebook group to promote your products or services) you also agree to abide by the Terms and Conditions and privacy policies of such third-party platforms. You acknowledge and agree that these third-party platforms may change their terms and conditions, discontinue or modify their services at any time without providing any notice to you or to the GTA Wedding Marketplace. You agree that any changes in third-party platform terms and condition or services may impact/restrict our ability to deliver certain GTA Wedding Marketplace Services to you. Your decision to use GTA Wedding Marketplace Services on these third-party platforms is entirely at your own risk. You understand that GTA Wedding Marketplace’s use of third-party platform does not constitute an endorsement or assumption of liability for such third-party platform’s conduct and you hereby release the Company from any and all claims, actions and liability arising from or associated with your use of such third-party platform.

18. User Verification

The Company does not request any proof of identity during account registration and we are unable to confirm that a User is who they claim to be. The Company will not assume any responsibility for any information provided by Users through the GTA Wedding Marketplace. Should the Vendor or Consumer require any additional proof of identity or skills of the other party, it is for them to request and provide such information. Furthermore, we do not offer any assurances or warranties to Users that any identity proof that you deliver to the other party will not be misused.

We cannot guarantee that information provided by a User is accurate, lawful or free from any misrepresentation. Users are advised to exercise caution and use their own best judgement when interacting with other Users.

NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE GTA WEDDING MARKETPLACE AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES, LICENSORS AND PARTNERS FROM ANY LIABILITY RELATED THERETO. THE COMPANY, ITS EMPLOYEES, AFFILIATES, LICENSORS AND PARTNERS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, INJURY, ILLNESS OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE GTA WEDDING MARKETPLACE OR SALE AND PURCHASE OF ANY PRODUCTS / SERVICES ADVERTISED/PROMOTED ON THE GTA WEDDING MARKETPLACE.

19. Representation and Warranties

You represent and warrant to the Company that you are the owner or have requisite rights and licenses in all content that you post on the GTA Wedding Marketplace. You agree that your content will always be free from any intellectual property that may give rise to any legal action against the Company. Please note that it is solely your responsibility to make any payments for any form of intellectual property that forms part of your advertisement content (including but not limited to model release). You will refrain from including any content that may be deemed harmful to any third party. Harmful content includes but is not limited to any image or text that is defamatory, libellous or may infringe upon any rights of any third party.

20. Amendments

We reserve the right to amend any terms of this Agreement from time to time without giving any prior notice to you to reflect our new practices. We also reserve the right to introduce new paid features and functionality, remove or modify any existing features as well as the right to discontinue the GTA Wedding Marketplace Service in our sole discretion. Any amendments to the terms and/or features on the GTA Wedding Marketplace will be effective from the date we post the updated terms and implement the new features respectively. It is solely your responsibility to review these terms periodically to familiarise yourself with any changes. The Company will not be held liable for any loss or damage suffered by you as a result of your failure to review these terms.

21. Links to Third-Party Websites

GTA Wedding Marketplace contains advertisements, products and services which may include links to third-party websites. If you click on any such links, you may be redirected to third-party websites that are not owned or operated by us. We do not review these third-party websites and assume no responsibility for any content available on such third-party website. We do not endorse nor make any representation about any third-party websites, or any content, products or services available therein, or the results of use of such third-party websites and product/services. You are advised to carefully review the terms and conditions and privacy policy of such third-party websites that govern your use of their services. You will be solely responsible for accessing such third party websites and you do so entirely at your own risk.

22. Your Feedback

We appreciate your feedback, suggestions and ideas (“feedback”). You understand that by submitting your feedback, you represent and warrant to us that you have the requisite intellectual property rights in such content to be able to grant full legal rights to the Company to use your feedback. You hereby authorize the Company to use, disclose and/or otherwise exploit any feedback submitted by you, without any restriction or compensation to you. By submitting your feedback, suggestions and ideas to the Company you hereby waive any claims to monetary compensation from the Company or its assigns.

Email: info@gtawedding.ca

23. Disclaimer of Warranties

GTA WEDDING MARKETPLACE IS PROVIDED TO YOU ON AN “AS IS”, AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY NEITHER REPRESENTS NOR WARRANTS THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE ON THE GTA WEDDING MARKETPLACE, INCLUDING ANY USER GENERATED CONTENT. ACCORDINGLY, THE COMPANY WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY ANY USER AS A RESULT OF THE USE OF GTA WEDDING MARKETPLACE SERVICES INCLUDING LOSS OF INCOME, DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH.

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR OFFER ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY THAT ACCESS AND USE OF THE GTA WEDDING MARKETPLACE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE AND THE ENTIRE RISK FOR PERFORMANCE, ACCURACY AND COMPLETENESS RESTS WITH YOU.

THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY CLAIM, LOSS OF SAVINGS, LOSS OF INCOME, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE GTA WEDDING MARKETPLACE. YOU ACCEPT THAT YOUR DECISION TO USE THE GTA WEDDING MARKETPLACE IS ENTIRELY AT YOUR OWN RISK.

24. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF GTA WEDDING MARKETPLACE. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGE AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND IN THAT EVENT THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED BY YOU SHALL NOT EXCEED THE GREATER OF FIFTY CANADIAN DOLLARS OR THE AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH WHEN THE DISPUTE FIRST AROSE.

25. Indemnity

You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

  • Your use or inability to use the GTA Wedding Marketplace,
  • Violation of these Terms by you,
  • Violation of any applicable law by you,
  • Your gross negligence or willful misconduct,
  • Any advertisements posted by you on the GTA Wedding Marketplace and your failure to deliver the product or service as advertised,
  • Violation of any third party’s copyright, right to privacy by you,
  • Any content submitted by you on the GTA Wedding Marketplace.

The Company reserves the right, at its own expense to assume exclusive defence of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

26. Dispute Resolution

In the event of any dispute, the Vendor and the Company agree to take all reasonable steps for amicable resolution of such dispute. Vendor agrees that Vendor’s authorized representative will provide a written summary of the dispute to the Company as soon as the dispute arises along with a proposed resolution. The Company agrees to respond to the Vendor dispute within twenty-five (25) days from the date of receipt of dispute summary and either agree to the proposed resolution or propose an alternative resolution in writing to the Vendor. If the Vendor is satisfied with Company’s proposed resolution, the agreement must be communicated to the Company within seven (7) days from the date of receipt of Company’s response. The Company’s written response shall be deemed in the nature of settlement discussion and shall not be admissible in any further proceeding. If the Company and the Vendor are unable to resolve the dispute, they may participate in binding arbitration by an arbitrator chosen by the parties or alternatively seek legal recourse in the Court of law with appropriate jurisdiction to rule upon the matter in accordance with this Agreement.

27. Governing Law

This Agreement and any dispute arising out of or in connection with this Agreement or its subject matter shall be governed and construed by the provincial laws of Ontario and federal laws of Canada without giving effect to any principles of conflict of laws. You hereby submit to the exclusive jurisdiction of the courts located in Toronto to settle any claims and actions arising out of or related to this Agreement and waive any defence of inconvenient forum.

28. Assignment

The Company reserves the right to assign any of its rights and obligations to any person in its sole discretion without giving any notice to the User. Users shall not assign or transfer any of User’s rights or obligations under these Terms to any third-party, without the express written consent of the Company.

29. Severability

If any provision of this Agreement is found to be invalid or for any reason unenforceable, that provision will only be limited to the minimum extent necessary and the remaining provisions will remain fully enforceable.

30. Entire Agreement

These Terms and Conditions including the Privacy Policy together constitute the entire understanding and agreement between you and the Company with respect to the Services offered by the Company.

31. Force Majeure

Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.