General Terms and Conditions for Businesses
MacLean Wedding Services Ltd trading as My Scotland Wedding (website)
A Limited company registered in Scotland:
Limited Company Registration Number - SC565975
Registered Offices - 5 Braeview Park, Beauly, IV4 7ED.
Vat registration 270 8633 92
Important: By signing up with My Scotland Wedding as a supplier or advertiser, you acknowledge that you have read, understood and accepted the terms and conditions outlined below.
1. Introduction
1.1 www.myscotlandwedding.co.uk referred to as “we”, “us”, “our”, “website”, “My Scotland Wedding” or “the page”.
1.2 Any business, supplier, advertiser or vendor using our services referred to as “you”, “your”.
These terms and conditions (terms of use) referred hereon in as “T’s & C’s”, shall govern your use of our website, www.myscotlandwedding.co.uk
1.4 By registering with and/or using our website, you agree to be bound by these T’s & C’s; if you disagree with these T’s & C’s or any part of these terms and conditions, you should not use our website or associated services
1.5 If you register with our website, submit any material to our website or use any of our website services, you acknowledge that you agree to these T’s & C’s.
1.6 The Terms of Use constitute a legally binding agreement between us, My Scotland Wedding and you/your business. As per 1.4 above, any business who signs up to advertise on the My Scotland Wedding website is acknowledging that they have read, understood and agree to our Terms of Use.
1.7 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.8 Our website uses cookies; by using our website & therefore agreeing to these terms and conditions, you consent to our use of cookies as described in our Cookies policy.
1.9 We reserve the right to amend these terms and conditions at any time, please check the latest revision and date in the title.
2. Business Registration
2.1 My Scotland Wedding provides a platform for all businesses, who can provide a service (whether hire or sale of goods or services) to those organising their wedding in Scotland (“customers” or “users”), the opportunity to connect with potential customers, through advertising in the wedding directory on our page.
2.2 To join us, you will be required to first register your business in the business area of the page. Here you will be asked to input information including but not limited to; choosing a username and password, enter company information and location, choose the relevant business category & select your chosen tariff on our online form & template.
2.3 By registering with the page, you agree to pay us the fee relevant fee for your chosen tariff.
2.4 You must enter valid payment details.
2.5 Following payment, and subject to approval, your business listing will appear on the page for a period of 12 months.
2.6 We reserve the right to decline or remove a business profile for any breach of these Terms of Use or intended breach of these Terms of Use.
2.7 The intended function of our page is for the promotion of businesses who intend to provide the best possible service to couples planning their wedding in Scotland. We reserve the right to remove or decline the application of any business we feel does not meet this criteria.
3. Customer Reviews
3.1 Initially there will not be a function for customers to directly leave business reviews.
3.2 There will be an area to insert customer reviews within the business template in your business profile but this is at the discretion of your business to insert the correct details.
3.3 While we encourage honest feedback, we will not tolerate slanderous comments.
3.4 While it is not possible to authorise customer comments on our social media platforms we will endeavour to monitor the content.
3.5 You acknowledge and release My Scotland Wedding from any and all liability in relation to customer reviews.
3.6 We reserve the right to delete any reviews at any time at our discretion.
4. Your Business Profile
4.1 You can edit and manage the content of your business profile in the business area, using your login details.
4.2 Initial uploads and all future edits will be sent to admin for authorisation prior to publishing on the page.
4.3 While all efforts will be made to check the information contained in your business profile prior to publishing, the page will not be held responsible for any incorrect information contained.
5. Communication
Contacting Us
5.1 You can contact us at any time via the contact details provided on the page.
5.2 We will endeavour to reply to all emails or messages as promptly as possible.
5.3 If no response is received within 48 hours it possible your message may have gone unnoticed and if you feel this is the case, please try again or feel free to phone us.
Customers Contacting You
5.4 Customers can contact you via the “Contact” function within your business template within the directory, which will be an email through our page.
5.5 Customers can also contact you directly via the contact details you provide in your directory listing.
6. Your Relationship with Customers
6.1 You agree that MacLean Wedding Services (trading as My Scotland Wedding), its employees and directors, affiliated companies, users, content providers and suppliers are exempt from any claims, demands and damages arising out of or in any way connected with any dispute that may arise between you and the Customer.
6.2 MacLean Wedding Services (trading as My Scotland Wedding) is not and does not become accountable for any business or contractual relationship between you and the Customer.
6.3 We will not mediate between you and the Customer in the event of any dispute arising. My Scotland Wedding will not be bound by any terms, conditions, warranties or representations in a written or verbal contract between you and a Customer & we make no representations or guarantees, implied or otherwise in relation thereto.
6.4. You shall process all personal data received from the page in accordance with the latest applicable data protection legislation (including but not limited to the General Data Protection Regulation).
7. General Data Protection Regulation (GDPR)
7.1 My Scotland Wedding will only use the information you provide us, with your permission.
7.2 You agree that MacLean Wedding Services (trading as My Scotland Wedding), its employees and directors, affiliated companies, users, content providers and suppliers are exempt from any claims, demands and damages arising out of or in any way connected with any dispute that may arise between you and the Customer.
7.3 You shall process all personal data received from the page in accordance with the latest applicable data protection legislation (including but not limited to the General Data Protection Regulation).
7.4 Any Customer data provided to you by the page, is to be used solely for the purposes of contacting the Customer in connection with their query, unless you obtain separate permission directly from the Customer to use their data for any other purpose.
7.5. More information available on our Privacy Policy
8. Payment, Pricing & Tariffs
8.1 We have clearly outlined the available tariffs on the page.
8.2 You agree to pay the fee for your selected tariff (Premium or Standard).
8.3 You will be prompted to confirm that you have selected the correct tariff.
8.4 Once you have chosen your selected tariff, you will be bound to that choice for a period of 12 months.
8.4 You will not be able downgrade your tariff once your payment has been made (e.g. Premium to Standard) but you may contact us to request an upgrade to a Premium Tariff.
8.5 All prices are one-off payments for a period of 12 months.
8.6 Your 12 month subscription will automatically renew when your 12 month period elapses, unless you contact us with 1 months prior written notice.
8.7 Renewals will be subject to the current Terms & Conditions at the time of renewal.
8.8 You must notify us in writing within 7 calendar days of entering the agreement, if you wish to cancel this agreement and be removed from the page for a full refund to be given. Once 7 days has elapsed you will not be entitled to a refund.
8.9 All tariffs are exclusive of VAT unless stated otherwise
8.10 You will submit valid credit/debit card details upon registration and keep this information up to date.
9. Cancellation of Agreement
9.1 My Scotland Wedding reserves the right to cancel this agreement at any time by giving you 1 months' written notice.
9.2 My Scotland Wedding reserves the right to cancel this agreement, without notice and at our sole discretion, in the event of any of conduct which we consider to be unacceptable or in breach of the Terms of Use or any applicable law or regulation or which does or may tend to expose My Scotland Wedding to any liability.
9.3 No refund shall be due to you where cancelation is due to breach by you.
9.4 The provisions set out in these Terms of Use shall survive any cancellation of the agreement for any reason, including, without limitation, indemnification obligations, disclaimers and limitations of liability.
9.5 You have the right to cancel this agreement by notice in writing, at any time before seven calendar days has passed, from the day the agreement was entered into, for which a full refund will be made.
10. Rights and Obligations of My Scotland Wedding
10.1 We intend to keep the page modern, relevant and up to date at all times.
10.2 With this in mind, My Scotland Wedding shall be entitled to change the content and layout of the My Scotland Wedding website at any time without prior notice.
10.3 My Scotland Wedding may occasionally undertake upgrades of the My Scotland Wedding Platform in order to continually improve user interaction.
10.4 Maintenance to the page will sometimes be necessary, which can lead to restrictions on the My Scotland Wedding page. We will, where possible, aim to ensure that maintenance of the My Scotland Wedding Platform that causes any such restriction is undertaken at a time when most Customers’ usage is least affected.
11. Copyright
11.1 All content that appears on the My Scotland Wedding platform, including without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the My Scotland Wedding Platform, are protected by copyright, database, trademarks and other intellectual property rights owned and controlled by My Scotland Wedding or by other parties that have licensed or otherwise provided their materials to My Scotland Wedding. Reproduction of the My Scotland Wedding Platform by any means, in whole or in part, including the copying of text, graphics or designs, is prohibited.
11.2 If you wish to use any content from the My Scotland Wedding platform, you should do so by addressing your request to info@myscotlandwedding.co.uk and await further contact.
12. Rights and Obligations of Suppliers/Advertisers
12.1 You shall submit truthful and accurate information about your identity and payment data and only offer in your Profile, Services which you are entitled and are in a position to serve to Customers.
12.2 Any Forms or Templates provided by My Scotland Wedding must be completed correctly and accurate to the best of your knowledge.
12.3 You agree to provide accurate Profile information, including all information regarding the Service you provide in full, and to keep the information updated. You shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.
12.4 In the interests of security, you are required to keep your Login details private and must never disclose these to third parties. My Scotland Wedding will never ask you to provide your Login information. Under no circumstances should you share Login information if a 3rd party requests this. You must immediately notify My Scotland Wedding if this situation arises. If you suspect unauthorized activity or notice that your account is being used by an unauthorized third party, you should immediately report the matter to My Scotland Wedding and change your password.
12.5 You are responsible for ensuring that your Profile does not infringe the law or the rights of any person or entity. Profiles must not contain false information, personal insults, anything slanderous, offensive, or anything that could or may infringe upon copyright or data protection law or other intellectual property rights.
12.6 My Scotland Wedding reserves the right to transfer these Terms of Use, and to assign or subcontract any or all of its rights and obligations under these Terms of Use, to a third party.
13. Supplier & Advertiser Rights Relating to Content
13.1 When you use the My Scotland Wedding Platform to submit or share content of any type, including text or images, you confirm that you have the right to do so, and have been granted the necessary consent by any copyright holder, persons featured or suppliers of featured items.
13.2 Where a Supplier's Profile and other submissions may contain trademarks, you confirm that you have the right to use them, including sublicensing rights.
13.3 By submitting any form of content to the My Scotland Wedding Platform, you permit and hereby grant a royalty-free license to My Scotland Wedding to display and share the content in connection with the performance of these Terms of Use.
13.4 My Scotland Wedding reserve the right, but are not obliged, to monitor the content and user traffic of the My Scotland Wedding Platform. My Scotland Wedding reserves the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the My Scotland Wedding Platform.
13.5 My Scotland Wedding has the right to use any content uploaded by you for external marketing purposes.
14. Indemnification
14.1 By agreeing to these terms of use you agree to indemnify, defend and hold My Scotland Wedding and its parents, affiliates, subsidiaries, licensors and assigns and each of their respective employees, officers and directors harmless from and against any third party claims, alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense, including, without limitation, reasonable legal fees, arising out of or relating to any breach by you of these terms or use of the My Scotland Wedding platform by you or via any hardware owned or controlled by you.
14.2 In relation to third party claims you will cooperate as fully and as reasonably required in My Scotland Wedding's defense of any claim. My Scotland Wedding reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without My Scotland Wedding's written consent.
15. Prohibitions
15.1 You shall not directly or indirectly:
i) Except as permitted, with respect to the My Scotland Wedding Platform, its content, and databases comprised in the My Scotland Wedding Platform, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
ii) Monitor content on the My Scotland Wedding Platform by means of robots, spiders, or other automatic instruments;
iii) Use the My Scotland Wedding Platform for purposes other than those referred to in these Terms of Use;
iv) Use the My Scotland Wedding Platform or the tools and services on the My Scotland Wedding Platform for the purpose of offering a service for a hire other than a Service under a valid Profile;
v) reproduce any portion of the My Scotland Wedding Platform on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the My Scotland Wedding Platform, or any other framing technique to enclose any portion or aspect of the My Scotland Wedding Platform, or mirror or replicate any portion of the My Scotland Wedding Platform;
vi) Upload or send to the My Scotland Wedding Platform any content or programs, which on account of their size or nature, might damage My Scotland Wedding’s computers or networks;
vii) Include content on the My Scotland Wedding Platform that breaches any applicable criminal or other laws, or encourages any such breach;
viii) Use or access the My Scotland Wedding Platform in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
ix) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
x) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or xi) Refer to My Scotland Wedding in any way that might lead someone to believe that the Supplier, any Service, Profile or linked website is sponsored by, affiliated with, or endorsed by My Scotland Wedding.
16. My Scotland Weddings Limited Liability
16.1 You acknowledge that you use the My Scotland Wedding Platform at your own risk and that, subject to the limitations set out herein, My Scotland Wedding shall not be liable for any loss (whether direct, indirect, incidental or consequential damages) resulting from your use of the My Scotland Wedding Platform. In the event of breach by My Scotland Wedding of these Terms of Use your remedies shall be limited to damages which shall in no circumstances exceed the Fee.
16.2 My Scotland Wedding makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions or statements contained on the My Scotland Wedding Platform. Reference to any product or third party does not constitute or imply its endorsement or recommendation by us. Views and opinions of Customers of the My Scotland Wedding Platform do not necessarily state or reflect ours.
16.3 Nothing in these terms excludes or limits My Scotland Wedding's liability for death or personal injury arising from My Scotland Wedding's negligence, or My Scotland Wedding's fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scottish law.
16.4 To the extent permitted by law, My Scotland Wedding excludes all conditions, warranties, representations or other terms which may apply to the My Scotland Wedding Platform or any content on it, whether express or implied.
16.5 My Scotland Wedding makes every effort to check and test the My Scotland Wedding Platform however it does not guarantee that it will be secure or free from viruses or bugs. My Scotland Wedding cannot accept any responsibility for any loss, disruption or damage to your data or computer system which may occur whilst using the My Scotland Wedding Platform.
17. Governing Law and Entire Agreement
17.1 These Terms of Use are governed by Scottish law and all disputes are subject to the exclusive jurisdictions of the courts of Scotland.
17.2 These Terms of Use contain the entire agreement between you and My Scotland Wedding relating to their subject matter.
18. Miscellaneous Provisions
18.1 My Scotland Wedding recommends that you save your own copy of these Terms of Use in a separate file on your PC or in print-out form.
18.2 If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect.
18.3 My Scotland Wedding’s failure to act with respect to a breach of these Terms of Use by you or others does not waive My Scotland Wedding’s right to act with respect to subsequent or similar breaches.
18.4 The section titles in these terms are for your convenience only and do not have any legal or contractual effect.
18.5 No waiver of any of these terms shall be of any force or effect unless made in writing and signed by one of our duly authorised officers.
18.6 We reserve the right to modify or discontinue the My Scotland Wedding Platform, or any portion thereof without notice.
18.7 My Scotland Wedding will not be responsible for any breach of these Terms of Use caused by circumstances beyond its reasonable control, including without limitation, acts of god, war, terrorism or technical difficulties.
18.8 We shall be entitled to alter these Terms of Use at any time but this right will not affect the existing Terms of Use accepted by the Supplier.
19. Privacy
Please click on this link to access our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
Date: November 2018