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Terms and Conditions (Suppliers)

By accessing, browsing and using our website, (www.weddinganditaly.com) or any of our applications as may be devised from time to time through whatever platform (hereinafter collectively referred to as the "Website"), you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below.

The informational and resource material provided through the Website is owned, operated and provided by Wedding&Italy (and its Suppliers as defined below) subject to these Terms and Conditions (as they apply to our Suppliers) and to the separate terms and conditions applicable to individual users of the Website attending a wedding in Italy (“the end-user/s”).

The within Terms and Conditions, as may be amended from time to time, apply to all our services directly or indirectly (through wedding suppliers and all related third parties) made available online and through any mobile device (and by email or by telephone if applicable).

Definitions

"Wedding&Italy", "us", "we" or "our" means LA Media Limited (trading under the registered business name of Wedding&Italy), a limited liability company having registration number 587602 incorporated under the laws of Ireland, and having its registered address at No. 3, 154-155 Capel Street, Dublin 1, Ireland.

"Platform" means the (mobile) website (www.weddinganditaly.com) and app/s on which the Service is made available as owned, controlled, managed, maintained and/or hosted by Wedding&Italy.

"Our Services" means the online wedding information and resource services of Wedding&Italy rendered free of charge to end-users relating to various Italian wedding services and products as are, from time to time, made available by Suppliers to end-users on the Platform by way of contractual agreement made directly between the Supplier and the end-user.

"Supplier/s" means providers of Italian wedding services and products in Italy to include wedding planners, photographers, wedding bands and musicians, restaurants and other eating establishments, florists, tour guides and the providers of accommodation (e.g. villa, hotel, guesthouse, apartment, house, bed & breakfast), parks, attractions, museums, sightseeing tours, cruises, bus, taxi, rail and coach services and tours, transfers, tour operators, insurances, and any other travel or related product or service as from time to time available for reservation indirectly on the Platform through third parties and/or directly with such third party suppliers. 1.

1.Our fees

Our fees (and commission), payable by Suppliers, are based on the provision of Supplier goods and services to weddings held (or Supplier goods and services marketed on the Website) in premium regions in Italy (“Premium Regions”) and “Other Regions” in Italy. The specific advertising rates applicable to Supplier goods and services, any discounted/special offer rates that may apply to multi-region advertising, and the rates for nationwide (all regions) advertising are set out in the registration section of the Website together with the manner in which payment will be made to us by you.

Fees payable to us by Suppliers are non-refundable.

2. Supplier Warranties

In agreeing to become bound to the within Terms and Conditions, you hereby warrant that you have the financial and other resources (including skill, competence, know-how, technology, expertise and staff, if applicable) to provide services and products to the highest of current wedding industry standards. You further warrant that all advertising, promotional and marketing material placed by you on the Website will be accurate, truthful, up to date and in line with (Italian) consumer protection law and legislation affecting the supply of goods and supply of services and, to that end, your goods and services shall be as described, fit for purpose and of merchantable quality as appropriate or otherwise and that your marketing material shall not falsely misrepresent the standard, scope and quality of your goods and services or mislead the end-user. In the event of a material change in the scope and quality of your goods and services, your organisational structure or trading circumstances (including cessation of your business/trade), you hereby agree to, as soon reasonably practicable, amend, delete or update your advertising material on the Website and/or to bring such change/s to our attention and that of any end-user affected by such change.

When rendering our Services, the information that we disclose is based on the information provided to us by Suppliers or as may be uploaded by them to the Platform. As such, the Suppliers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is or may be displayed on our Platform. Although we will use reasonable skill and care in performing our Services, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions [whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise], inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) as may be displayed on our Platform.

Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Supplier (or its facilities, venue, products or services) made available. Suppliers hereby warrant and agree to clearly and expressly bring the fine print of their terms and conditions (such as relating to room types or price per head of wedding meals) and important information/policies (including cancellation and no-show policies) (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted) to the direct attention of the end-user before a contract is consummated between you and that end-user.

3. Photographer Warranties

Photographers hereby consent to the use (and hereby grant us the licence to use) of their wedding photographs (as uploaded by photographers to the Website) being placed and used on the Website and for all related marketing purposes by us (including off-line such as in the case of wedding magazines).

You agree that Wedding&Italy may use the uploaded photos/images on the Website/Platform, and in (online/offline) promotional materials and publications and as we in our discretion see fit. You are granting Wedding&Italy a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and licence to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Wedding&Italy at in its discretion it sees fit.

By uploading these photos/images the photographer accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners, wedding couples and wedding guests) due to publishing and use of these photos/images by us. Wedding&Italy disclaims all responsibility and liability for the pictures, photographs and images posted. The photographer warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and do not infringe any third party (intellectual property right, copyright or privacy) rights. Any photograph/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Wedding&Italy at any time and without prior notice.

Uploading of inappropriate and/or offensive material may lead to deregistration of a Supplier from the Website and forfeiting of the fee paid. Photographers hereby warrant that (a) they have full copyright ownership of any such photographs and that these photographs have been taken by the photographer (or on his or her behalf by an agent of the photographer who has transferred copyright ownership to the photographer) with the consent of the subject/s in terms of not having breached the privacy rights of such subject/s; and (b) the subject/s has authorised the uploading by photographers of any and all photographs of them on the Website for marketing purposes by us and the public display thereof.

In the case of photographs having been taken by an employee or contractor for the photographer, the photographer hereby warrants that the work undertaken by such employee/contractor was a “work-for-hire” and accordingly that full copyright in the photographs vest in the photographer and not in the employee/contractor. Photographers hereby further warrant to upload onto the Website photographs of the highest industry-standard quality and resolution.

4. Scope of our Service

We will assist Suppliers, if so requested, free of charge, in relation to placement of their advertisements (in English) on the Website.

In the event that a matter or matters arising in relation to the booking of Supplier goods or services by an end-user may require clarification in English or Italian, a translation fee or otherwise, payable by the end-user and/or the Supplier as appropriate in the circumstances, shall apply, to be notified by us in advance. All translation fees shall be discharged in advance.

Invoices raised by us in respect of email and telephone correspondence with Suppliers shall be discharged by the Supplier within a period of 5 days from the date such invoice is transmitted to you by email. For the avoidance of any doubt, we will NOT engage in correspondence or communication relating to contractual issues or disputes between Suppliers and end-users and we shall not act in the capacity as advisor or agent for either an end-user or Supplier.

We hereby disclaim any and all liability and responsibility for any inaccuracies, misstatements, exaggerated claims as to quality, breath of service or goods on offer or otherwise, errors, omissions and/or misrepresentations (fraudulent or innocent) made by Suppliers (on the Platform or on their own websites or promotional material wheresoever or howsoever advertised by them) and you hereby agree to hold us harmless and to fully indemnify us against all costs, damages, expenses, claims, demands and liability arising by the failure, refusal, negligence or breach of contract by you in effectually, satisfactorily and fully rendering your services and/or in the provision of your products to any end-user; and in respect of any claims, loss or damages suffered by you due to breach of contract by an enduser in respect of any contract entered into by you with that end-user.

We do not act as agent for any end-user or any Supplier. We are not party to any contract entered into by end users with you and accordingly, in the absence of any privity of contract, we cannot assume contractual liabilities or be obligated to compensate any person or entity by way of contractual remedy or otherwise where we are not party to any such contract. The sole and only remedy or recourse of an end user shall be against the relevant Supplier, their officers, servants or agents.

The sole and only remedy or recourse of a Supplier shall be against the relevant end-user, their officers, servants or agents. We disclaim all liability for events beyond the control of Suppliers (and end-users) to include frustration of contract, force majeure events and acts of God. You hereby agree to indemnify us and hold us harmless in connection with any breach, non-performance or non-observance by you of any of the agreements, conditions, obligations, warranties and undertakings on your part contained in these Terms and Conditions and relating to any representations made by Suppliers to end-users or end-users to Suppliers.

You hereby acknowledge and accept that in the event a Supplier or end-user seeks to initiate legal proceedings or make a claim against us in respect of a contract or dispute between a Supplier and end-user, these Terms and Conditions may be formally adduced and relied upon by us (including as evidence in court in any jurisdiction) to indemnify us and hold us harmless in all respects.

5. Disclaimer

To the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of Suppliers as made available on our Platform, (iii) the services rendered or the products offered by Suppliers or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by an end-user (or Supplier), pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by an end-user or Supplier, whether due to (illegal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, nonperformance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier (or end-user) or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond the control of a Supplier or end-user.

Where applicable, Suppliers are at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (room/reservation) relevant price to the relevant tax authorities. Wedding&Italy is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (room/reservation) price/good/service to the relevant tax authorities.

6. Intellectual property rights

Unless stated otherwise, the software required for our Services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Wedding&Italy, its Suppliers and providers.

Wedding&Italy exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) the look and feel (including infrastructure) of) the Platform on which the Services are made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer, license and set over all such intellectual property rights to Wedding&Italy. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

Any damage caused to the structure, look, feel or otherwise of the Platform and/or the Website by a Supplier including damage to our business goodwill and reputation may lead to deregistration, at the sole discretion of Wedding&Italy, of a Supplier from the Website and forfeiting of the fee paid.

7. End-user feedback of Supplier goods and services

You shall not attempt to restrict in any manner an end-user’s right to post a review of your goods and services on the Website.

The eliciting of a favourable review upon payment of cash or other consideration or compensation to an end-user is strictly prohibited. Failure to abide by this term may, at our absolute discretion, lead to automatic de-registration from the Website.

Posting or attempting to post (favourable) feedback review of your own goods and services is strictly prohibited and may lead to de-registration.

Posting of any offensive, disrespectful, derogatory or defamatory material (video, image or comment) of any end-user by a Supplier shall lead to deregistration, at the sole discretion of Wedding&Italy, of a Supplier from the Website and forfeiting of the fee paid.

8. Domicile and office of Wedding&Italy

Wedding&Italy does not accept nor assume any domicile in Italy or at any place, location or office in the world (also not at the office of its support companies), other than its registered office in Dublin, Ireland.

9. Unauthorised use of the Website

Unauthorised use of this website may give rise to a claim for damages and/or constitute a criminal offence. We may suspend or terminate your registration if there is legitimate reason to suspect or believe that you have engaged in fraudulent or illegal activity in connection with the Website or in respect of marketing material placed by you on the Website.

10. English language version

Where the contents of these Terms and Conditions have been translated into Italian (or any other language) the English language version shall prevail in respect of the interpretation of such terms and conditions.

11. Relationship between the parties

Both parties acknowledge that these terms do not constitute a joint venture, partnership or employment relationship between them.

12. Severability

Any provision of these Terms and Conditions found by lawful authority to be unlawful or unenforceable shall be deemed severed from this document and the remaining provisions of the Terms and Conditions shall remain in force to the maximum extent possible as permitted by law.

13. No modification

These Terms and Conditions cannot be modified, terminated or rescinded by a Supplier except by mutual written agreement of both parties.

14. Entire Agreement

These Terms and Conditions embody all the terms agreed between the parties and replace and supersede all previous arrangements, understandings representations or agreements between the parties hereto and no oral representations warranties or promises shall be implied as forming part of these Terms and Conditions which can only be modified by a written instrument signed between the parties.

15. Governing law and mediation

Your use of the Website and any dispute arising out of the use thereof is subject to the laws of Ireland and you hereby consent and submit to the jurisdiction of the Irish courts in Dublin subject to the mediation proviso below.

Any dispute between you and any end-user shall be determined in accordance with any agreement entered into between you and the end-user and the ‘applicable law’ provision thereof or otherwise.

In the event of a dispute between you and us arising out of these Terms and Conditions, you hereby consent to a good faith attempt to resolve the matter through employment of a mediation service in Dublin before any recourse is had to legal proceedings.