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Terms & Conditions

Important information! Please read carefully. By joining Pretty & Punk as a supplier, you acknowledge that you have read, understood and accept all the terms and conditions as written in this agreement without limitation or qualification. If you do not agree with any of the following terms, and do not agree to be bound by any such terms, DO NOT CLICK ACCEPT ON REGISTRATION.

Introduction

a. These terms and conditions (the “Terms of Use”) govern the business relationship between; (i) Pretty & Punk, trading as prettyandpunk.co.uk of Pretty and Punk,
Huxham Close, Eggbuckland, Plymouth, PL6 5LH (“Pretty & Punk” or “we”), who owns and publishes the website www.prettyandpunk.co.uk and other domains in which the platform can be accessed (the “Pretty & Punk” platform); and (ii) the supplier or advertiser of wedding services via the Pretty & Punk platform (“you”, “your” or “Supplier”).

b. The following Terms of Use constitute a legally binding agreement between Pretty & Punk and you. Each supplier that signs up to a Pretty & Punk membership via the platform is acknowledging that they have read, understood and agree to the Terms of Use.

1. Registering a Profile

a. The Pretty & Punk platform is a place for suppliers to advertise one or more of their goods and/or services (each a “Service”) for hire to potential Customers (“Customers”) – and to communicate via our platform (if they wish to do so) with those potential Customers. Pretty & Punk refer to the users of the Pretty & Punk platform as “Suppliers”, who advertise on the platform by registering a profile (“Profile”), and to the Suppliers Customers as “Customers”.

b. When registering a new profile, you (the “Supplier”) are obliged to;
a. Enter the details required (business name, contact information, category etc.) that are representative of your business only;
b. Agree to pay to Pretty & Punk the fee for the chosen membership as advertised on the Pretty & Punk platform for a minimum 12 month period (“Fee”);
c. Tick and click the acceptance of these Terms and Conditions;
d. Enter valid payment details for payment for any initial Fee, and for ongoing payments depending on the membership package selected. The pricing structure is set out and listed at www.prettyandpunk.co.uk

c. Pretty & Punk reserves the right in its sole discretion at any time to decline to place or delete any Profile that appears to be capable of infringing, or to be associated with the infringement of any provision of these Terms of Use.

d. If Pretty & Punk were to deem any Supplier account fraudulent or misrepresentative, we not only reserve the right to remove said Profile, but we will in all cases report the instance and details to the relevant authorities.

2. The Dashboard

a. On completion of registration Pretty & Punk will endeavour to send out a welcome pack including these Terms or Use, as well as other material relevant to the purchase of our memberships (such as receipts, direct debit mandates, payment plan documentation, discounts and offers, log in credentials etc.) to allow suppliers to be able to contribute to view and manage their Pretty & Punk Profile.

b. Suppliers will be able to manage their Profile online by accessing the manage tab of their account (the “Dashboard”). In the Dashboard, you will have access to various functions to personalise your Profile. These functions, and their availability, are accessible on an “as is” basis. Pretty & Punk will attempt to always make available the functions of the service, but reserve the right to “downtime” for error correction or web improvements where necessary and will endeavour to provide as much notice as possible of any planned downtime.

3. Reviews

a. Customers may post their own reviews of Supplier’s services (“Supplier Reviews”) on the Pretty & Punk Platform. You acknowledge and release Pretty & Punk from any and all liability in relation to such Supplier Reviews.

b. The Supplier may request removal of reviews by emailing directory@prettyandpunk.co.uk. Pretty & Punk reserve the right to refuse these requests if we feel that this would be misleading to Customers.

c. Pretty & Punk will regularly showcase Suppliers in featured articles on the homepage and blog pages of the Platform. Pretty & Punk will in no way mislead of slander any Suppliers featured.

4. Contact between Supplier and Customer

a. The Customer will have the means to contact the Supplier by either (i) the contact enquiry form via the Supplier Profile page; or (ii) by the contact information provided by you on registration by their own means.

b. Where we receive personal data from Customers using the Supplier’s Profile enquiry form, we will follow the GDPR (General data Projection Regulation) and use a data processor. This means that in respect of that data;
a. We will only process data on the Pretty & Punk Platform in accordance with your written instruction, and will not transfer it outside the EEA;
b. We will ensure our security measures are appropriate for the risks of processing the data;
c. We will assist you in fulfilling your obligations in responding to requests to exercise data subject rights from Customers, pursuant to Articles 26-32 of the GDPR;
d. On termination of any agreement between Pretty & Punk and the Supplier, we will delete the data from the Pretty & Punk Platform; and
e. We will make available to you on request all information necessary to demonstrate our compliance with our obligations set out in the GDPR.

c. You should only use the data provided from Pretty & Punk by means of contacting Customers in connection with their enquiry unless the Customer gives you permission to otherwise do so (including but not limited to marketing communications).

d. Pretty & Punk is not, and does not become party to any business or contractual relationship between you and the Customer. Pretty & Punk will not act in a mediatory capacity between you and the Customer in relation to disputes arising between you. Pretty & Punk will not be bound by any terms and conditions relating the agreed business between you and the Customer, and we make no warranties, implied or otherwise in relation thereto. The foregoing is without prejudice to any third party benefits to which Pretty & Punk is entitled.

e. You unconditionally release Pretty & Punk, its affiliated companies, and their respective officers, directors, employees, agents, service providers, content providers and licensors from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and the Customer.

5. Payment and Pricing

a. You shall pay the Fee using the online payment form on sign up. All prices are for a 12 month term, whether you choose to pay annually or monthly. Annual payments will be rewarded with a discount.

b. Monthly contracts will automatically renew for a further 12 month period unless cancelled before the expiry date by giving Pretty & Punk 1 months’ notice. This can be done in writing on request, in which we will terminate the account upon the end of term, or by yourself in the manage tab on the Dashboard. Any renewal will be subject to Pretty & Punk’s current Terms and Conditions (these will be sent out on renewal, but always available at www.prettyandpunk.co.uk).

c. If you decide to withdraw your Profile within the 12 month period, you will not be entitled to a pro-rata’d refund or the cancellation of any unpaid instalments unless otherwise agreed or as per the clause in 6(c) and 6(e). Pretty & Punk reserve the right to refuse a refund on early termination of contract.

d. If you are paying via reoccurring payment you will submit valid debit/credit card details upon registration and keep this information up to date.

6. Termination and Cancellation

a. Pretty & Punk may terminate this agreement with immediate effect and without notice in the event of any conduct which is considered to be in breach of the Terms of Use, or in breach of any law or regulation which does or may tend to expose Pretty & Punk to any liability.

b. Pretty & Punk may terminate this agreement at any time giving the Supplier 1 months’ written notice.

c. Any breach of the Terms and Conditions as stated above will terminate the agreement with no refund. If the agreement is terminated by Pretty & Punk with 1 months’ notice as stated above, a pro-rata’d refund will be given.

d. The provisions of the Terms of Use shall survive any termination of the agreement for any reason, including, without limitation, indemnification obligations, disclaimers and limitations of liability.

e. You have the right to cancel this agreement by notice in writing, at any time within a 7 day cooling off period from date of registration. All cancellation requests should be directed to cancellations@prettyandpunk.co.uk

7. Rights and Obligations of Pretty & Punk

a. In order to maintain and upgrade the Pretty & Punk Platform, we may occasionally restrict certain features or functions of the Platform. We will always aim to have any site maintenance completed during unsociable hours to eliminate any disruption to Suppliers usage.

b. Pretty & Punk shall be entitled to change the layout of the Platform at any time without prior notice or arrangement to enhance the functionality of the Platform for the user.

8. Copyright

a. All content that appears on the Pretty & Punk Platform, including, but not limited to photographs, illustrations, names, text, columns, graphics, logos, trademarks, images, artwork, software, clips and other elements making up the Pretty & Punk Platform, are protected by copyright, database, trademarks and other intellectual property rights owned and controlled by Pretty & Punk or by other parties that have licensed or otherwise provided their materials to Pretty & Punk. Reproduction of the Pretty & Punk Platform by any means, in whole or in part, including the copying of text, graphics or designs, is prohibited.

9. Further Rights & Obligations of the Supplier

a. You shall submit personal data accurately and truthfully with regards to your identity. Payment information for membership premiums must be your own, or you must have authorisation from the payee. The services and/or equipment, items, materials, devices, property and the like, that you advertise on your profile must be accurate and truthful, and to which you are entitled.

b. You, the Supplier, are required to keep all account log in information safe and secret, and to not pass this information on to third parties. Pretty & Punk will never ask you to disclose this information – and you should under no circumstances reveal them to any third parties. If you are approached for log in details via email or telephone, you must notify Pretty & Punk immediately. Pretty & Punk may ask you to change your password if we suspect any unusual activity on your account. Pretty & Punk reserve the right to cancel an account without notice in the unlikely event of a security breach.

c. Any forms made available by Pretty & Punk on sign up must be completed accordingly.

d. You must not misuse the Pretty & Punk platform’s email or messaging system.

e. You are responsible for ensuring your Profile does not infringe on any law or rights of any third party, person, or entity. Profiles must not, under any circumstances, contain false information, personal insults, slanderous content towards others, foul, censored or offensive language, or anything that infringes copyright or data protection law or other intellectual property rights.

10. YOUR RIGHTS TO CONTENT

a. Where you submit to, or transmit through the Pretty & Punk Platform any content of any type, including text or images, you undertake and warrant that you have the right to do so, and / or have been granted the necessary consent by any copyright holder, persons featured or suppliers of featured items.

b. To the extent that Supplier's Profile and other submissions may contain trademarks, you warrant that you have the right to use them, including sublicensing rights.

c. You permit and hereby grant a royalty-free license to Pretty & Punk to display and disseminate the content submitted to the Pretty & Punk Platform, in connection with the performance of these Terms of Use.

d. Pretty & Punk shall have the right, but not the obligation, to monitor the content and user traffic of the Pretty & Punk Platform. Pretty & Punk shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Pretty & Punk Platform.

e. Pretty & Punk has the right to use any content uploaded by you for external marketing purposes.

11. INDEMNIFICATION

a. By agreeing to these terms of use you agree to indemnify, defend and hold Pretty & Punk 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 defence, including, without limitation, reasonable legal fees, arising out of or relating to any breach by you of these terms or use of the Pretty & Punk platform by you or via any hardware owned or controlled by you.

b. In relation to third party claims you will cooperate as fully and as reasonably required in Pretty & Punk's defence of any claim. Pretty & Punk reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without Pretty & Punk's written consent.

12. PROHIBITIONS

a. You shall not directly or indirectly:
i. Except as permitted, with respect to the Pretty & Punk Platform, its content, and databases comprised in the Pretty & Punk 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 Pretty & Punk Platform by means of robots, spiders, or other automatic instruments;
iii. Use the Pretty & Punk Platform for purposes other than those referred to in these Terms of Use;
iv. Use the Pretty & Punk Platform or the tools and services on the Pretty & Punk 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 Pretty & Punk Platform on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Pretty & Punk Platform, or any other framing technique to enclose any portion or aspect of the Pretty & Punk Platform, or mirror or replicate any portion of the Pretty & Punk Platform;
vi. Upload or send to the Pretty & Punk Platform any content or programs, which on account of their size or nature, might damage Pretty & Punk’s computers or networks;
vii. Include content on the Pretty & Punk Platform that breaches any applicable criminal or other laws, or encourages any such breach;
viii. Use or access the Pretty & Punk 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, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
xi. Refer to Pretty & Punk 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 Pretty & Punk.

13. PRETTY & PUNK'S LIMITED LIABILITY

a. You acknowledge that you use the Pretty & Punk Platform at your own risk and that, subject to the limitations set out herein, Pretty & Punk shall not be liable for any loss (whether direct, indirect, incidental or consequential damages) resulting from your use of the Pretty & Punk Platform. In the event of breach by Pretty & Punk of these Terms of Use your remedies shall be limited to damages which shall in no circumstances exceed the Fee.

b. Pretty & Punk makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions or statements contained on the Pretty & Punk 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 Pretty & Punk Platform do not necessarily state or reflect those of Pretty & Punk.

c. Nothing in these terms excludes or limits Pretty & Punk's liability for death or personal injury arising from Pretty & Punk's negligence, or Pretty & Punk's fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

d. To the extent permitted by law, Pretty & Punk excludes all conditions, warranties, representations or other terms which may apply to the Pretty & Punk Platform or any content on it, whether express or implied.

e. Pretty & Punk makes every effort to check and test the Pretty & Punk Platform however it does not guarantee that it will be secure or free from viruses or bugs. Pretty & Punk cannot accept any responsibility for any loss, disruption or damage to your data or computer system which may occur whilst using the Pretty & Punk Platform.

14. GOVERNING LAW AND ENTIRE AGREEMENT

a. These Terms of Use are governed by English law and all disputes are subject to the exclusive jurisdictions of the courts of England and Wales.

b. These Terms of Use contain the entire agreement between you and Pretty & Punk relating to their subject matter.

15. MISCELLANEOUS PROVISIONS

a. Pretty & Punk recommends that you save your own copy of these Terms of Use in a separate file on your PC or in print-out form.

b. 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.

c. Pretty & Punk’s failure to act with respect to a breach of these Terms of Use by you or others does not waive Pretty & Punk’s right to act with respect to subsequent or similar breaches.

d. The section titles in these terms are for your convenience only and do not have any legal or contractual effect.

e. 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 authorized officers.

f. We reserve the right to modify or discontinue the Pretty & Punk Platform, or any portion thereof without notice.

g. Pretty & Punk 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.

h. 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.

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