Last Updated: 11th June 2022
Acceptance of the Terms
We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Please review theseTerms regularly because once we post any changes, your continued use of theServices constitutes your acceptance of the revised Terms.
Access to Services; Account Registration
By accessing the Services, you warrant that: You are legally capable of entering into binding contracts;All registration information you submit is truthful and accurate;You will maintain the accuracy of such information; and Your use of the Services does not violate any applicable law or regulation.To access our Services, you may be required to register with the Site and create a user account (“Account”). If you create anAccount, you are solely responsible for any activity that occurs through yourAccount. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. You agree that all information that you submit upon creation of yourAccount is accurate and truthful and you have the right to post the content on the Service and grant a license to Fêtefully. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible. You should not share your Account information.You should not use another person’s Account or registration information for theServices without permission. Similarly, no one else should be able to use yourAccount without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at anytime in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You can always delete yourAccount by emailing us at email@example.com.
Payment Processor; Third Party Service Provider
In the course of your use of the Services, third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. Our obligation to provide the Services only comes into being when we take receipt of your purchase of the Services. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Services for commercial purposes.
You may cancel or reschedule a consultation up to 72 hours before the scheduled time of the consultation for a full refund. If you cancel or request a reschedule less than 72 hours before your consultation, you will be charged in full. You are allowed one cancellation and one reschedule between each completed consultation. Any cancellations and/or reschedules beyond that will politely be declined and charged in full.
All Gift Card purchases are non-refundable. Gift Card purchases are solely redeemable fora consultation or a portion of a consultation. Gift Cards are non-redeemable for Third Party Purchases or Items. Only one Gift Card can be used per consultation booking.
Changing Fees and Charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.
Cancellations by Fêtefully
We may suspend or terminate your use of theServices as a result of your fraud or breach of any obligation under theseTerms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of content from the Services.
We only permit individuals who are at least 18years old, or the age of majority in your province, territory or country, and who can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adult. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services. You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Use of the Services; Restrictions on Use
We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. You may only use the Services as explicitly authorized and in compliance with any policies made available to you within theServices. You may not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services: Use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;Express or imply that any statements you make are endorsed by Fêtefully; Scrape the Services or use other automated or manual means to take our content without our express prior written consent;Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to theServices, including without limitation other accounts, computer systems or networks connected to the Services;Run any form of auto-responder or “spam” on the Services;Access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; orOtherwise take any action in violation of these Terms.
Links to Third Party Websites
We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d)the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in theServices, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Services does not (1) give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. In particular, audio or video content from Fêtefully not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services.If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and maybe subject to liability for such unauthorized use. You may not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services. To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at firstname.lastname@example.org.
Availability of the Services
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us at email@example.com and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Services are unavailable from time to time. Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.
Third Party Materials and Content
You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites(“Third Party Materials”). In consideration for Fêtefully allowing you to use the Services, you agree that we, our affiliates, and third party partners may place advertising on the Services. You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials. Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.
If you purchase certain items (“Items”) offered by third parties (each, a “Trade Account”)through the Services, the Company will collect the cost of these Items (as part of the fee) from you in advance of the Company placing orders with the Trade Account for the purchase of the Item(s). All Trade Account terms and conditions apply to these purchases of Items, including return policies and shipping costs. Note that while the Company uses reasonable efforts to display the current and accurate price for Items, the price for Items is dynamic, and the price displayed on the Services for any particular Item is subject to change. You are responsible for arranging all deliveries, accepting all deliveries and associated costs. Any returns and exchanges of Items for whatever reason are the sole responsibility of the client. It is your responsibility to check custom order quotes and/or order confirmations for accuracy. The Company does not take responsibility for any orders placed incorrectly with your approval and does not track Item orders.The Company is not responsible for delays or cancellations on behalf of TradeAccounts and does not assemble furniture or any other ordered Items. TheCompany has no liability or responsibility for any matter arising out of the transaction between you and Trade Accounts.
Payment to Trade Accounts
The Company will make all purchases from TradeAccounts on your behalf, and you will be bound to the terms and conditions of the Trade Accounts. As a part of the Services, the fees you pay to the Company will cover the costs of the Items purchased from the Trade Accounts. In no event shall there be a contractual relationship between the Trade Accounts and the Company, the Company will only act to facilitate the payment to the Trade Accounts.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Items and designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data or Items orServices from a third-party service provider or Trade Account or the quality or nature of third-party products or services obtained through the Service. The Company makes no representations that the Items depicted on our website or on a third party or Trade Account’s website will accurately, reliably, or completely reflect the actual Item purchased and delivered to you. Use the Service at your own risk.
We are not responsible for any disputes or disagreements between you and any third party you interact with using theService. This includes disputes between Clients and designers. You assume all risk associated with dealing with third parties and designers. You agree to resolve disputes directly with the other party. You release the Company of all claims, demands, and damages in disputes among users of the Service. You shall not involve us in such disputes. Use caution and common sense when using theService. If you participate in an installation, you are solely responsible for your interactions with Trade Accounts or other third parties. You understand that the Company does not currently conduct background checks, including criminal background checks, on its Trade Accounts or other third parties. TheCompany makes no representations or warranties as to the conduct of TradeAccounts or other third parties. In no event will the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with your use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this service or persons you meet through the Service. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you meet offline or in person. You assume all risk when engaging the Services of any other user and in connection with using the Service, including but not limited to any risks associated with obtaining Services from any designer or providing anyServices to any client, including all risks of physical or emotional injury or harm resulting any way or arising out of installation services or clients obtained through the Service. All users, including clients and designers, hereby expressly agree not to hold the Company liable for any installation, instruction, advice or services delivered which originated through the Service and the released parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or related in any way to the Service, the information provided through the Service and the services provided by or to any user of the Service.
Warranty Disclaimers; Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TOTHE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USEOF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES,SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT,CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT,REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW)REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES,COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OFANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR(2) US$500.00. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees(including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through the Services.
No matter where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and the Company as if you signed these Terms in New York, without regard to NewYork State’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
At our sole discretion, we may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. The arbitration shall be seated in NewYork County, New York.
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
You release the Company and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your use of the Services (collectively,“Claims”). If you are a California resident, you hereby waive California CivilCode Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which, if known by him would have materially affected his settlement with the debtor.” This release does not apply to any Claims for unconscionable commercial practice by the Company or fraud, deception, false, promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.
Comments,Concerns and Complaints
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: firstname.lastname@example.org.