Terms of Use
These terms and conditions ("Terms of Use") outline the terms governing the access and use of the website https://www.theweddingcompany.com and the associated mobile application (collectively referred to as the"Platform"), operated by TWC Technologies Private Limited a private limited company incorporated under the Companies Act, 2013, with its registered office at Ground Floor, 375, 5th Main Road, HSR Layout, Sector 6, Bengaluru, Karnataka – 560102 ("TWC", "We", "Us", or "Our"). The Platform enables Clients to connect with independent Vendor Partners and avail Vendor Services that are offered through the Platform.
In addition to these Terms of Use, Your use of the Platform is also governed by Our Privacy Policy ("Privacy Policy") and any other policies, notices or guidelines that TWC may publish or update from time to time ("Additional Terms"). The Privacy Policy and Additional Terms shall together form part of and be read as one with these Terms of Use. To the extent of any inconsistency between these Terms of Use and the Additional Terms in relation to any specific service, the Additional Terms shall prevail. Further, the commercials, are set out in Schedule A, which shall form an integral part of these Terms of Use, and shall be separately communicated between the parties.
These Terms of Use constitute a legally binding agreement between You, being a Client who accesses or avails Vendor Services through the Platform ("You", "Your" or "Client"), and TWC Technologies Private Limited, and shall be effective as of the date You accept or otherwise agree to the terms of this Terms of Use by clicking on a box indication acceptance on the Platform ("Effective Date").
By choosing to access or use the Platform, You acknowledge that You have read and understood the terms herein, as amended from time to time, and agree to comply with and be bound by them, as well as any other rules or policies issued by TWC from time to time. If You do not agree to any part of these Terms of Use, You must not proceed to use or access the Platform. Continued use or access of the Platform will be deemed as Your acceptance of these Terms of Use in full and will have the same force and effect as a written contract executed by You. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Platform.
1. DEFINITIONS
1.1. "Applicable Law(s)" means all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, policies, directions, directives and orders as such are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter or other governmental restrictions or any similar form of decision of, or determination by any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question in India.
1.2. "Affiliate" means, with respect to any Person: (a) in the case of a legal entity, any other Person that, directly or indirectly, Controls, is Controlled by, or is under common Control with such Person; and (b) in the case of a natural person, any relative of such person, or any Person that is Controlled by such person or a relative of such person, with 'relative' having the same meaning as defined in the Companies Act, 2013.
1.3. "Client(s)" means any individual or individuals who use the Platform to access, request, book, or procure TWC Services or Vendor Services made available through the Platform.
1.4. "Control", including its correlative meanings "Controlled by" and "under common Control with", means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through ownership of voting securities, by agreement, or otherwise, and shall include the ownership, directly or indirectly, of more than 50% (fifty percent) of the voting securities or interests of such Person.
1.5. "Event(s)" means wedding and other related functions or ceremonies for which the Client engages one or more Vendor Partners through TWC.
1.6. "Person" means any natural person, partnership, firm, company, body corporate, limited liability partnership, trust, association, government or governmental authority, or any other entity recognised under Applicable Law.
1.7. "TWC Services" means the services provided by TWC through the Platform, including enabling Clients to discover, book, and coordinate with independent Vendor Partners offering Vendor Services, and, where mutually agreed in writing, providing planning, advisory, coordination, and facilitation support to Clients in relation to the Event.
1.8. "Vendor Partner(s)" means independent third-party providers, including venue partners and non-venue partners, together with their respective employees, agents, subcontractors, representatives, and affiliates, who offer or deliver Vendor Services through the Platform to Clients in connection with Events.
1.9. "Vendor Services" means any services, products, or deliverables offered, provided, or delivered by a Vendor Partner to Clients through the Platform in relation to Events, including but not limited to the rental of event spaces or services such as decor, photography, catering, makeup among other services.
2. TWC SERVICES ,VENDOR SERVICES
2.1. The TWC Services include the provision of the Platform operated by TWC, which enables Clients to discover, book, and coordinate with Vendor Partners. As part of the TWC Services, TWC facilitates the transfer of payments to Vendor Partners for the Vendor Services they render to You and collects payments on behalf of such Vendor Partners. In addition to facilitating engagements between Clients and Vendor Partners, TWC may also provide planning, advisory, coordination, and facilitation support to Clients in relation to the Event.
2.2. The Vendor Services are offered, provided, or delivered directly by Vendor Partners. TWC does not itself provide or perform any Vendor Services, and shall not be responsible for their quality, timelines, or performance. Vendor Partners are solely responsible for the Vendor Services they offer through the Platform, and TWC and its Affiliates do not employ Vendor Partners, nor are Vendor Partners agents, contractors, or partners of TWC or its Affiliates. For clarity, Vendor Partners do not have the ability to bind or represent TWC or its Affiliates.
2.3. All instructions, approvals, and confirmations between the Client and TWC must be recorded in writing (including email, WhatsApp, or any approved project management portal). Verbal instructions or discussions shall not bind either party unless expressly confirmed in writing.
2.4. The Platform is for Your personal and non-commercial use only, unless otherwise agreed upon on in accordance with the terms of a separate agreement.
2.5. A key part of the TWC Services is TWC's ability to send You text messages, emails, or WhatsApp messages, including in connection with Your bookings, Your utilisation of the TWC Services and Vendor Services, or as part of promotional or marketing communications. While You may opt out of receiving such communications by contacting TWC at connect@theweddingcompany.com or through the in-Platform settings, You acknowledge that doing so may impact TWC's and the Vendor Partners' ability to provide their respective services (or any part thereof) to You.
2.6. In certain instances, You may be required to furnish identification proof to avail the TWC Services or the Vendor Services and hereby agree to do so. A failure to comply with this request may result in Your inability to use the TWC Services or Vendor Services.
3. REGISTRATION
3.1. To avail the TWC Services and the Vendor Services, You will be required to register with the Platform. For the purpose of registering, You may be required to furnish certain details, including but not limited to Your phone number. In order to register Yourself onto the Platform, You must be at least 18 (eighteen) years of age.
3.2. You warrant that all information furnished on the Platform for the purpose of registration is and shall remain accurate and true. You agree to promptly update Your details on the Platform in the event of any change to or modification of this information.
3.3. You are responsible for ensuring that the phone number and other details provided by You on the Platform are accurate and belong to You. If any Person other than You or a Person expressly authorised by You uses Your phone number or details to register or communicate through the Platform without Your consent, TWC shall not be liable for any bookings, communications, or activities arising therefrom.
3.4. You agree to receive communications from Us regarding (a) requests for payments, (b) information about Us, the TWC Services and the Vendor Services (c) promotional offers and services from Us and Our third-party partners, and (d) any other matter in relation to the TWC Services and Vendor Services.
3.5. TWC shall be responsible for maintaining the security and confidentiality of any details provided by You on the Platform and agrees to immediately notify You of any unauthorised disclosure or unauthorised use of Your details or any other breach of security with respect to Your details shared on the Platform.
4. BOOKINGS
4.1. Orders: The Platform permits You to request for various Vendor Services at the time of Your choosing. To make a booking, You should follow the instructions available on the Platform and provide necessary information. We use reasonable efforts to match You with a Vendor Partner who is able to provide that service at the requested time.
4.2. Confirmation: Once You place a request We will provide confirmation of the booking via email, WhatsApp, or any approved project management portal. Once Your booking has been confirmed, You will be required to make the payment in accordance with these Terms of Use or as indicated on the Platform. Once a Vendor Partner has been identified for the requested Vendor Services, You may communicate with the respective Vendor Partner for the requested Vendor Services. Rescheduling of the Event after confirmation shall constitute a change of order and may result in additional payment.
4.3. Cancellations: Cancellations on behalf of the Client shall be in accordance with clause 8 of this Terms of Use.
4.4. Substitution: In case of the unavailability of, or cancellation by a selected Vendor Partner, We will offer You a substitute for the same, from among Our registered Vendor Partners.
5. PRICING, FEES, AND PAYMENT TERMS
5.1. TWC reserves the right to charge You for the TWC Services and different Vendor Services You may avail through the Platform.
5.2. Charges and fees in respect of availing TWC Services and Vendor Services is as follows:
(a) TWC Amounts: All amounts payable to TWC in respect of the TWC Services ("TWC Amounts") shall be as set out in Schedule A , along with the timelines for payment. You shall pay all TWC Amounts strictly in accordance with Schedule A. Any delay in payment shall entitle TWC to issue a written notice requiring You to cure such delay within the period specified in the notice. If You fail to cure the delay within such period, TWC may suspend all TWC Services and may treat such non-payment as a material breach entitling TWC to terminate Your registration and these Terms of Use.
(b) Vendor Service Amounts: All amounts payable to Vendor Partners for Vendor Services ("Vendor Service Amounts") shall be as set out in Schedule A , together with the payment timelines communicated by the relevant Vendor Partner. Vendor Services will not be confirmed unless the applicable Vendor Service Amounts have been paid within the prescribed timelines. Any delay may result in the Vendor Partner delaying, suspending, or cancelling its services, revising pricing, or withdrawing its offer, and TWC shall not be liable for any resulting inconvenience, dissatisfaction, or losses.
5.3. Vendor Services shall not commence unless all applicable TWC Amounts and Vendor Service Amounts have been paid within the agreed timelines. TWC shall not be liable for any delays, cancellations, deficiencies, or guest-experience issues resulting from outstanding payments.
5.4. All TWC Amounts and Vendor Service Amounts are legally binding. If the Event is executed in whole or in part and You fail to make full payment, TWC may initiate recovery proceedings for unpaid TWC Amounts (excluding Vendor Service Amounts), including interest, legal fees, and damages. Any overdue TWC Amounts may attract interest at 18% per annum (1.5% per month) from the expiry of the applicable cure period notified under Clause 5.2 (a), until full settlement.
5.5. Reasonable out-of-pocket expenses actually incurred by TWC (such as travel, accommodation, meals, printing, or courier) and pre-approved by You shall be reimbursed by You at actuals against supporting invoices.
5.6. TWC may facilitate the collection and transfer of payments from You to Vendor Partners as a limited collection agent. Payments may be made through any mode notified by TWC (including UPI, cards, net banking, bank transfer, or wallets). Payments processed through third-party payment processors shall be subject to the respective processor's terms, and TWC shall not be liable for any delays, failures, or errors attributable to such processors.
5.7. Subject to Clause 5, TWC may revise the TWC Amounts prospectively. Any such change shall not affect bookings already confirmed prior to such revision.
5.8. Refunds and cancellations are governed entirely by the respective Vendor Partner's cancellation and refund policy. For venue Vendor Services, the terms of the venue contract shall apply.
For non-venue Vendor Services, the relevant Vendor Partner's cancellation and refund policy shall apply. TWC does not determine any Vendor Partner's cancellation or refund terms. An addendum may be executed at the time of each Vendor Partner booking to record the applicable cancellation and refund terms.
5.9. You acknowledge and agree that charges and fees applicable to Vendor Services in certain geographical areas may increase substantially during times of high demand. TWC will use reasonable efforts to inform You of such charges or fees. However, by using the TWC Services or Vendor Services, You will be responsible for the charges and fees incurred under Your account regardless of Your awareness of such charges or fees.
5.10. TWC does not designate any portion of Your payment as a tip or gratuity to the Vendor Partner. You understand and agree that while You are free to provide additional payment as a gratuity to any Vendor Partner who provides You with Vendor Services, You are under no obligation to do so. Gratuities are voluntary.
5.11. Applicable Taxes: Taxes and statutory levies applicable to the TWC Services and Vendor Services shall be governed as follows:
(a) Unless expressly stated otherwise, all TWC Amounts and Vendor Service Amounts are exclusive of applicable taxes. All taxes, duties, levies, cess, or charges imposed under Applicable Laws (including GST) in connection with the TWC Services or Vendor Services shall be borne solely by You.
(b) TWC shall issue tax invoices for TWC Amounts in accordance with Applicable Laws. Vendor Partners shall independently issue tax invoices for Vendor Service Amounts, and TWC shall not be responsible for the accuracy, completeness, or validity of invoices issued by Vendor Partners.
(c) If any change in tax law results in a variation of applicable taxes (including GST rate changes or new levies), the amounts payable by You shall stand revised accordingly.
(d) You shall not be entitled to withhold or deduct any taxes from amounts payable to TWC unless required under Applicable Laws. If withholding applies, You shall (i) notify TWC in writing before application of withholding, and (ii) provide withholding certificates so that TWC may claim credit.
6. CLIENT CONTENT, MARKETING AND MEDIA RIGHTS
6.1. The Platform and TWC's communication channels may allow You to share, upload, submit, or otherwise provide information, materials, instructions, briefs, reviews, feedback, ideas, photographs, videos, or other content to TWC ("Client Content") and the Vendor Partners. As part of the TWC Services and Vendor Services, TWC may request reviews from You about Vendor Partners, and You acknowledge that Vendor Partners may also provide feedback about You to Us. You must not knowingly provide false, inaccurate, or misleading information. Reviews may be used for quality control and to determine the suitability of Clients and Vendor Partners. If We determine, in Our sole discretion, that You are not a suitable user, Your access and use of TWC Services and/or Vendor Services shall be subjected to termination.
6.2. TWC may receive or request photographs, videos, and other media captured during or in connection with the Event, whether provided by Vendor Partners, the Client ("Event Media").
6.3. You grant TWC a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to use, publish, display, store, host, transfer, process, communicate, distribute, modify, adapt, translate, create derivative works of, and otherwise use Client Content and Event Media for the following limited purposes:
(a) Providing, operating, and enhancing the TWC Services and facilitating the Vendor Services;
(b) Advertising, marketing, and promotional activities, including on the Platform, brochures, social media, and other digital or print materials; and
(c) Compliance with Applicable Laws or furnishing evidence before competent authorities.
6.4. TWC shall use Event Media responsibly. You may request TWC, within 7 (seven) days after the Event, to restrict the use of specific Event Media for marketing purposes, and TWC shall make reasonable efforts to honour such request where practicable.
6.5. TWC shall not sell, license, or commercially distribute Event Media to third parties without Your prior written consent.
6.6. TWC may, without notice, remove or restrict access to any Client Content or Event Media that, in its sole discretion, violates these Terms of Use or Applicable Laws.
6.7. Any personal data contained in Client Content or Event Media shall be processed in accordance with TWC's Privacy Policy and may be shared with Vendor Partners only to the limited extent required for providing the Vendor Services.
6.8. You waive any moral rights or similar rights in Client Content and Event Media to the extent permitted under Applicable Laws.
7. CONSENT TO USE PERSONAL DATA
7.1. You agree that We may, in accordance with Our Privacy Policy, collect, use, and process Your personal data. The Privacy Policy is available at https://www.theweddingcompany.com/twc-privacy-policy . It explains the categories of personal data that We collect or otherwise process about You and the manner in which We process such personal data.
7.2. TWC shall process Your personal data solely for fulfilling its contractual obligations and providing the TWC Services and shall share such personal data with Vendor Partners only to the extent necessary for them to provide the Vendor Services. All such processing shall be subject to reasonable data security and confidentiality standards.
7.3. In addition to any consent You may provide pursuant to the Privacy Policy, You hereby consent to Us sharing Your information with Our Affiliates or other third-party service providers. We may use information and personal data pertaining to Your use of the TWC Services and Vendor Services for provision of the same, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of Our services and the Vendor Services, and provision of beneficial schemes, new offers, and for experience enhancement.
7.4. Subject to Applicable Laws, We may be directed by law enforcement agencies or the government and related bodies to disclose such personal data in relation to You in connection with criminal or civil proceedings. You understand and agree that in such instances We shall have the right to share such personal data with relevant agencies or bodies.
8. CUSTOMER CONDUCT
8.1. TWC prohibits discrimination against Vendor Partners, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under Applicable Law. Such discrimination includes but is not limited to any refusal to accept Vendor Services based on any of these characteristics.
8.2. We request that You treat all Vendor Partners with courtesy and respect, and that You provide them with a safe, clean, and appropriate location to perform the Vendor Services. Vendor Partners shall be entitled to refuse to perform Vendor Services if You have not provided a safe, clean, and appropriate location for them, or You behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the TWC Services and otherwise limit Your access to the Vendor Services at Our absolute discretion if You behave towards any Vendor Partner in a manner which is discourteous, disrespectful, or abusive, or which We otherwise deem to be inappropriate or unlawful.
8.3. You agree that You will be liable for discriminating against Vendor Partners or for any failure, intentional or otherwise, to provide the Vendor Partners a safe, clean, and appropriate location for them to perform the Vendor Services. Additionally, You will also disclose any and all information that may have a bearing on the ability of the Vendor Partner to perform the Vendor Services or impact the Vendor Partner's health, safety, or well-being, to TWC and the Vendor Partner.
8.4. You agree that in the event a Vendor Partner behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, You shall be required to report such incident to connect@theweddingcompany.com at the earliest but in any event within 48 (forty eight) hours of such incident.
9. THIRD PARTY SERVICES
9.1. The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party ("Third Party Services") and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at Your own risk.
9.2. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should You avail a Third Party Service, You shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
10. YOUR RESPONSIBILITIES
10.1. You represent and warrant that all information that You provide in relation to the TWC Services, and the Vendor Services is complete, true, and correct on the date of agreeing to these Terms of Use and shall continue to be complete, true, and correct while You avail the TWC Services and/or the Vendor Services. Should any information that You provide change during the existence of these Terms of Use, You undertake to immediately bring such change to Our notice. We do not accept any responsibility or liability for any loss or damage that You may suffer or incur if any information, documentation, material, or data, provided to avail the TWC Services or Vendor Services is incorrect, incomplete, inaccurate, or misleading or if You fail to disclose any material fact.
10.2. You shall extend all cooperation to Us in Our defence of any proceedings that may be initiated against Us due to a breach of Your obligations or covenants under these Terms of Use.
10.3. In respect of the Client Content and Event Media You represent and warrant that:
(a) You own all intellectual property rights (or have obtained all necessary permissions) to provide the Client Content and Event Media and to grant the licences required under these Terms of Use;
(b) You are solely responsible for all activities that occur on or through the Platform while availing the TWC Services and Vendor Services, including any Client Content and Event Media provided by You;
(c) The Client Content and Event Media do not and shall not violate any of Your obligations or responsibilities under any other agreement;
(d) The Client Content and Event Media do not and shall not violate, infringe, or misappropriate any intellectual property rights or other proprietary rights, including rights of publicity or privacy, of any person or entity;
(e) The Client Content and Event Media do not and shall not contain any viruses, corrupted data, malicious code, or other harmful, disruptive, or destructive files or content;
(f) The Client Content and Event Media do not and shall not violate any third-party rights; and
(g) The Client Content and Event Media (i) do not belong to any other person to which You do not have rights, (ii) do not threaten the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, public order, or cause incitement to any cognisable offence, prevent investigation of any offence, or insult any other nation, (iii) are not defamatory, grossly harmful, blasphemous, paedophilic, invasive of privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to or encouraging money-laundering or gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or otherwise offensive, objectionable, or restrictive of any other person's ability to use or enjoy the TWC Services and Vendor Services.
10.4. You shall not use the TWC Services or Vendor Services except as expressly permitted under these Terms of Use. Without limiting the foregoing, You shall not:
(a) Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;
(b) Except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works;
(c) Use the Platform/services to transmit any data, or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
(d) Use any robot, spider, other automated device, or manual process to monitor or copy any portion of the Platform/services thereof;
(e) Engage in the systematic retrieval of content or to create or compile, directly or indirectly, a collection, compilation, database, or directory in relation to the Platform/services;
(f) Use the Platform, TWC Services or Vendor Services in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these Terms of Use;
(g) Decompile, reverse engineer, or disassemble the Platform;
(h) Violate Applicable Laws in any manner.
10.5. You shall not engage in any activity that interferes with or disrupts the TWC Services, Vendor Services, the Platform, or any systems and networks connected to the TWC Services or Vendor Services.
10.6. You shall provide timely information, approvals, and access necessary for both TWC and Vendor Partners to perform the TWC Services and Vendor Services efficiently. Delays, omissions, or non-responsiveness by You may impact the execution of the Event, and TWC shall not be liable for resulting delays or deficiencies.
10.7. You shall not attempt to gain unauthorised access to any portion of Our Platform, systems or networks connected to them, or any server, including by hacking or other illegitimate means.
10.8. You shall not directly or indirectly solicit, influence, approach, or engage any Vendor Partner for services similar to the Vendor Services independently (outside the Platform) or encourage such Vendor Partner to terminate or reduce their engagement with the Platform.
11. OUR INTELLECTUAL PROPERTY
11.1. All rights, titles, and interest in, and to the TWC Services, including all intellectual property rights arising out of the TWC Services, are owned by or otherwise licensed to Us. Subject to compliance with these Terms of Use, We grant You a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the TWC Services in accordance with these Terms of Use and Our written instructions issued from time to time. Any rights not expressly granted herein are reserved by TWC or TWC's licensors.
11.2. We may request You to submit suggestions and other feedback, including bug reports, relating to the TWC Services and Vendor Services from time to time ("Feedback"). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback We receive from You without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of Your intellectual property rights.
11.3. Except as expressly stated in these Terms of Use, nothing in these Terms of Use should be construed as conferring any right in, or licence to, Our or any third party's intellectual property rights.
12. TERM AND TERMINATION
12.1. These Terms of Use shall come into effect from the Effective Date and shall remain in effect unless terminated in accordance with the terms hereunder.
12.2. We may restrict, deactivate, or terminate Your access to, or use of, the TWC Services or Vendor Services, or any portion thereof, (a) immediately and at any point at Our sole discretion on the following grounds: (i) if You violate or breach any of the obligations, responsibilities, or covenants under these Terms of Use (ii) when You cease to use the TWC Services or Vendor Services or (iii) You do not, or are likely not to qualify under Applicable Law, or the standards and policies of TWC or its Affiliates, or (iii) immediately for any legitimate business, legal, or regulatory reason.
12.3. You may terminate these Terms of Use, at any time, for any reason, by writing to TWC at connect@theweddingcompany.com .
12.4. Upon expiry of these Terms of Use:
(a) Your registration shall expire;
(b) The TWC Services and Vendor Services will "time-out"; and
(c) These Terms of Use shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.
13. DISCLAIMERS AND WARRANTIES
13.1. The TWC Services/Platform are provided on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, We make no warranty that the Platform/TWC Services will meet Your requirements or expectations.
13.2. No advice or information, whether oral or written, obtained by You from Us shall create any warranty that is not expressly stated in the Terms of Use.
13.3. While TWC strives to provide accurate information about Vendor Services and the pricing, fees, and payment terms, pricing errors may occur from time to time.
13.4. You agree and acknowledge that We are merely a Platform that connects You with Vendor Partners and We shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms of Use. We are not liable or responsible for fulfilment of any bookings, for the performance of the Vendor Services by any Vendor Partner, or for any acts or omissions of the Vendor Partners during their provision of the Vendor Services including any damage they may cause to You or any property. By booking Vendor Services through the Platform, You are entering into a contract with the relevant Vendor Partner for the provision of those services, and We accept no responsibility or liability, nor do We make any warranty, representation, or guarantee in respect of the Vendor Partner's performance under that contract.
13.5. You agree and acknowledge that soliciting or receiving Vendor Services from any Vendor Partner independently is solely at Your own risk, and in such an event, You waive any rights that You may have under these Terms of Use.
13.6. We do not guarantee or warrant and We make no representation whatsoever regarding the reliability, quality, or suitability of the Vendor Partners.
13.7. You hereby accept full responsibility for any consequences that may arise from Your use of the TWC Services and Vendor Services and expressly agree and acknowledge that We shall have absolutely no liability in this regard.
13.8. TWC will maintain a complaints management framework and will manage this framework on behalf of Vendor Partners in a reasonable manner and in accordance with the non-excludable requirements of relevant Applicable Laws.
13.9. To the fullest extent permissible by law, We, Our Affiliates, and Our related parties, each disclaim all liability for any loss or damage arising out of, or due to:
(a) Your use of, inability to use, or availability or unavailability of the Platform, TWC Services or the Vendor Services;
(b) The occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information, communications failure, theft, destruction, or unauthorised access to Our records, programmes, services, servers, or other infrastructure relating to the TWC Services;
(c) The failure of the Platform/TWC Services to remain operational for any period of time; and
(d) The loss of any Client Content and any other data in connection with Your use of the TWC Services.
13.10. In no event shall TWC, its officers, directors, employees, contractors, agents, Affiliates, licensors, partners, or suppliers be liable to You for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, anticipated profits, goodwill, emotional distress, reputational harm, theft, guest dissatisfaction, damage to property, bodily injury, illness, loss of life, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including any abuse or breach of data), even if TWC or an authorised representative has been advised of the possibility of such damages, arising out of or relating to:
(a) These Terms of Use;
(b) The TWC Services or the Vendor Services;
(c) Your use or inability to use the TWC Services or Vendor Services;
(d) Any interactions or transactions with any Vendor Partner; or
(e) Any circumstances beyond TWC's reasonable control, including vendor actions, venue conditions, or the conduct of guests.
13.11. TWC's total aggregate liability to You, whether in contract, tort, negligence, or otherwise, shall be strictly limited to the TWC Amounts actually paid by You to TWC for the Event. Employees, associates, and representatives of TWC shall not be personally liable or joined as parties to any claim, and any claim shall lie solely against TWC, subject to the liability cap above.
13.12. Nothing in these Terms of Use will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
14. INDEMNITY
14.1. You agree to indemnify, defend (at Our option), and hold harmless TWC, its parent companies, subsidiaries, Affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) Your access to or use of the Platform, TWC Services, or Vendor Services;(b) Your breach of these Terms of Use or of any Applicable Laws;(c) any act, omission, negligence, misconduct, or wrongdoing by You, Your guests, invitees, or representatives during or in relation to the Event;(d) any interactions, disputes, or engagements between You and any Vendor Partner, whether occurring through or outside the Platform; and(e) any use of Your account, details, or communication channels by any third party, whether authorised by You or not.
15. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
15.1. These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the Republic of India. Subject to Clause 15.2 below, courts in Bangalore, Karnataka shall have exclusive jurisdiction over all issues arising out of these Terms of Use or the use of the TWC Services.
15.2. Any controversies, conflicts, disputes, or differences, arising out of these Terms of Use shall be resolved by arbitration, with the seat and venue of arbitration being Bangalore, Karnataka, in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (one) arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need-to-know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
16. GRIEVANCE REDRESSAL
16.1. You may contact Our designated Grievance Redressal Officer with any complaints or queries relating to the TWC Services or these Terms of Use through registered post or through email, details of which are provided below:
(a) Name: Priyansh Rai
(b) Designation: Customer Experience Manager
(c) Email Address: priyansh.r@theweddingcompany.com
16.2. We shall ensure that Your complaint is resolved within timelines prescribed by Applicable Laws.
17. MISCELLANEOUS PROVISIONS
17.1. Changes to Terms of Use: The Terms of Use are subject to revisions at any time, as determined by Us, and all changes are effective immediately upon being posted on the Platform. It is Your responsibility to review these Terms of Use periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms of Use if You continue to use the Platform once it has been posted.
17.2. Modification to the TWC Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the TWC Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the TWC Services or Vendor Services.
17.3. Severability: If any provision of these Terms of Use is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms of Use will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
17.4. Assignment: You shall not license, sell, transfer, or assign Your rights, obligations, or covenants under these Terms of Use, or Your registration with Us, in any manner without Our prior written consent. We may grant or withhold this consent at Our sole discretion, subject to any conditions We deem appropriate. We may assign our rights to any of Our Affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the TWC Services, or any third party without any prior notice to You.
17.5. Notices: All notices, requests, demands, and determinations for Us under these Terms of Use (other than routine operational communications) shall be sent to Our registered office at Ground Floor, 375, 5th Main Rd, HSR Layout Sector 6, Bengaluru, Karnataka 560102 or through Our official email ID via., connect@theweddingcompany.com .
17.6. Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
17.7. Force Majeure: We shall have no liability to You if We are prevented from or delayed in performing Our obligations, or from carrying on Our business, by acts, events, omissions, or accidents beyond Our reasonable control, including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.
