Terms of use

Terms Of Service

Definitions

"Customer" means a Member who requests to book an Engagement via the Site.
"Vendor" means a Member who has a Profile on the Site.
"Profile" means a Vendors profile page on the Site.
"Member" means a person who completes our account registration process, including but not limited to Vendors and Customers.
"Member Content" means all content that a Member posts, uploads, publishes, submits, transmits, or includes in their Profile to be made available through the Site.

Terms of Service

We provide an online platform that connects Service Providers (“Vendors”) with Customers seeking to book such Vendors (collectively, the "Services"), which Services are accessible at www.weddingavocado.com and any other websites through which WeddingAvocado makes the Services available (collectively, the "Site"). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and WeddingAvocado.

Modification

We reserve the right to modify the Site or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

How the Site and Services Work

The Site and Services can be used to facilitate the booking of Vendors (“Engagements”). You may view Profiles as an unregistered visitor to the Site and Services; however, if you wish to book a Vendor, you must first register to create an Account (defined below).

Account Registration

In order to access certain features of the Site, and to book an Engagement or create a Profile, you must register to create an account ("Account") and become a Member.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your access to the Site and Services if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account.

Profiles

Vendors may create a Profile. Profiles may be made publicly available via the Site. Customers will be able to book an Engagement with you via the Site based upon the information provided in your Profile.

You acknowledge and agree that you alone are responsible for any and all Profiles and Member Content you post. Accordingly, you represent and warrant that any Profile and the booking of an Engagement

  1. will not breach any agreements you have entered into with any third parties and will
  2.  (a) be in compliance with all applicable laws, and

 (b) not conflict with the rights of third parties. Please note that we assume no responsibility for a Vendors compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Profile for any reason.

If a Customer requests to book a Vendor for an Engagement, any agreement you enter into with such Customer is between you and the Customer, and we are not a party to it. Notwithstanding the foregoing, we serve to charge and hold the Deposit chargeable as a website service fee (10% of the agreed fee) on behalf of the customer and Vendor  

This 10% will be paid out to either party as per the Cancellation Terms. If no cancellation takes place we take the deposit as a website service fee

We recommend that Customers and Vendors obtain appropriate insurance for their Engagements, including but not limited to public liability insurance.

No Endorsement

We do not endorse any Member or any Engagement. Members are required by these Terms to provide accurate information, and we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from WeddingAvocado with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings.

Bookings and Financial Terms

Definitions

"Business Day" means a day on which commercial banks are open for business in Ireland.

"Fee" means the amounts that are due and payable by an Customer in exchange for the Vendors Engagement.

"Force Majeure Event" means any circumstance not within a party's reasonable control that prevents, hinders or delays the party in or from performing its obligations in respect of the Engagement, including: (a) Acts of God, flood, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots; (d) nuclear, chemical or biological contamination; and (e) any labour or trade dispute, strikes, industrial action or lockouts (unless reasonably foreseeable).

If a booking is requested from the Vendor for an Engagement via the Site, the Vendor will be required to confirm or reject the booking request within 48hrs, otherwise the booking request will automatically expire.

We will collect

  1. 10% of the Fee at the time of booking confirmation (i.e. when the booking request is confirmed by the Act), and
  2. the remaining 90% of the Fee is settled as per the “Payment Terms” displayed on the Vendors profile.

Where the Vendor accepts an Engagement and the booking is confirmed by the Customer paying in accordance with the paragraph above, an agreement is made between the Customer and Vendor, by which the Customer engages the Vendor and the Vendors obliged:

  1. to provide the service as per the quote provided; or
  2. to provide the service as per the selected package chosen on the profile

• at the venue;

• on the date(s);

• at the time(s) (from the agreed start time to finish time); and

• for the fee,

as detailed in the written email conversation between the Customer and Vendor

Where requested by the Vendor and agreed to by the Customer, the Customer shall be responsible for providing the agreed upon equipment. If the Vendor requires specific instruments equipment to be provided by the Customer, it is the Vendors responsibility to ensure the Customer is aware of this.

We may impose or deduct foreign currency processing costs on or from any payments or payouts by us in currencies other than EUR.

Bookings and Financial Terms

The Vendors, not WeddingAvocado, are solely responsible for honouring any confirmed bookings and performing at any Engagements reserved through the Site. You acknowledge and agree that you, and not WeddingAvocado, will be responsible for performing the obligations of any such agreements, that WeddingAvocado is not a party to such agreements, and that, with the exception of its payment obligations hereunder, WeddingAvocado disclaims all liability arising from or related to any such agreements.

You as a Customer agree to pay us a percentage of the Fee for any booking requested in connection with your Account if such requested bookings are confirmed by the applicable Vendor and you. You agree to pay us this is a website service fee

(i) 10% of the Fee at the time of booking confirmation (i.e. when the booking request is confirmed by the Act), and

(ii) the remaining 90% of the Fee on or prior to the date of the Engagement as per the “Payment Terms” on the vendors listing

In the event that the Customer does not pay in accordance with the Terms, any agreement between the Customer and Vendor shall be terminated and the Vendor shall not be obligated to perform at the Engagement.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to WeddingAvocado or its third-party payment processor(s). You agree to pay WeddingAvocado for any confirmed bookings made in connection with your Account in accordance with these Terms by one of the methods described on the Site. Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking.

Performance Schedule Changes

Where it is not possible to amend the agreed timings prior to the Engagement (e.g. on the day itself), changes should be agreed between the Vendor and Customer in writing (email to suffice).

If a Vendor has been asked and agrees to perform later than the agreed finish time a satisfactory additional surcharge should be agreed between both parties. The extra payment agreed should be paid to the Vendor on the day of the Engagement.

If the timings of the Engagement are overrunning due to no fault of the Vendor, the vendor is under no obligation to finish later than the time originally agreed and the Customer is still obliged to pay the full Fee.

If a Vendor has been asked and agrees to perform for longer than the time originally agreed (e.g. extend a 45-minute performance to 60 minutes), a satisfactory additional surcharge should be agreed between both parties. The extra payment agreed should be paid to the Vendor on the day of the Engagement. However, the vendor is under no obligation to extend their performance should they not wish to do so.

Cancellations and Refunds

If, as a Customer, you wish to cancel a confirmed booking made via the Site for whatever reason within 10 days, you will be entitled to a full refund.

If, as a Customer, you wish to cancel a confirmed booking made via the Site after 10 days you will not be entitled to any refund (subject to the below). Where either party cancels a booking because of a Force Majeure Event, they must: (i) give immediate written notice to us of the Force Majeure Event; and (ii) use all reasonable endeavours to mitigate the effect of the Force Majeure Event; and (iii), provided they have complied with (i) and (ii) above, the Customer will be entitled to be refunded the deposit.

If material details of any confirmed booking are altered, the Vendor will not be obliged to perform at the Engagement and you (as Customer) will remain liable to pay the Fee.

If an Vendor cancels a confirmed booking or fails to honour any confirmed booking made via the Site, (i) we will (a) refund the amount paid by the applicable Customer within a reasonable time of the cancellation, unless a suitable replacement vendor is found through WeddingAvocado and (b) use reasonable endeavours to find a similar Vendor to perform at the Engagement; and (ii) the applicable Vendor will (a) use best endeavours to find a similar Vendor to perform at the Engagement. Where a Vendor cancels, we cannot guarantee a replacement will be available or satisfactory to the Customer and we are under no obligation to provide a replacement Vendor However, WeddingAvocado operates a vast private database of professional vendors that can be contacted in the unlikely event of a cancellation.

A Vendor may not rely on a Force Majeure Event unless it has used best endeavours to fulfil its obligations to the Customer in respect of the Engagement and taken reasonable steps to avoid and mitigate the impact of the Force Majeure Event.

We recommend that Customers and Vendors obtain appropriate insurance for their Engagements, especially for international weddings and events.

WeddingAvocado and the Vendor are not responsible for the conduct or performance of any third party or other supplier.

Customer Responsibilities

The Customer must ensure that the performance venue is able to provide a safe source of power, a safe performance area, and that they can accommodate the performance of the Vendor by possessing appropriate music and entertainment licenses and no inhibiting noise limiters. For the avoidance of doubt, if non-performance or a below-par performance by the vendor is due to venue restrictions, the Customer will still be liable for the total Fee.

The Customer should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to the Vendor

It is also the responsibility of the Customer to ensure that the vendor is provided with free parking facilities at the performance venue for all vehicles associated with the Vendors performance. Should no free parking be available the Customer is liable for any parking charges incurred and payment will be made to the Vendor on the day of the Engagement.

Any damage to the Vendors equipment or instruments during the Engagement caused as a result of the Customer's guests or the venue shall entitle the Vendor to terminate their performance immediately without penalty. The Customer will still be liable for the total Fee. The cost to repair any such damage shall be payable by the Customer.

Unless given express permission, the Vendors equipment and instruments are not available for use by any other persons before, during or after the Engagement.

If an vendor is subjected to aggressive or abusive behaviour and the Customer does not remove the perpetrator the Vendor shall be allowed to terminate their performance immediately without penalty. The Customer will still be liable for the total Fee.

The required elements within this clause must be provided by the Customer at their own expense and if not supplied may be considered a breach of contract Vendor Provisions outlined in this clause are negotiable between the Customer and Vendor, but any modifications should be made in writing.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Services. In particular, the Vendor is not employed by WeddingAvocado and is therefore responsible for their own accounting, tax and legal contributions.

Ownership

Except as stated otherwise, we are the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Contact

Communication between Customer and vendor is to be within the platform only until booking is made. Phone number and email are provided to both parties after a booking is made.

It is prohibited to supply phone number ,email or attempt circumvent the platform by other means. This may result in suspension and possible banning from Wedding Avocado

Member Content

We may permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site or allowing us to create you a Profile, you hereby grant to us a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, by means of or to promote or market the Site. We do not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or permit us to use. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or our use of the Member Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

Disclaimers

WeddingAvocado makes available an online platform or marketplace with related technology for Customers and Vendors to arrange for bookings of services directly with each other. Unless explicitly specified otherwise, our responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) Hold the Payment as a deposit/platform service charge

Please note that the Site and Services are intended to be used to facilitate Customers and Vendors connecting and booking Engagements directly with each other. We are not responsible for and disclaim any and all liability related to any and all Engagements. Accordingly, any bookings will be made or accepted at the Member’s own risk.

The Site and Services comprise an online platform through which Vendors may have Profiles and Customers may learn about and book the Vendors directly. You understand and agree that WeddingAvocado is not a party to any agreements entered into between Vendors and Customers, nor is WeddingAvocado an entertainment agent, broker or insurer. We have no control over the conduct of Vendors, Customers and other users of the Site and Services, and we disclaim all liability in this regard to the maximum extent permitted by law.

You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any content from or on the Site or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

By accepting an offer and entering into a contract with a customer, the Vendors acknowledges that they are responsible for the legal status of their working activities. WeddingAvocado will not be held responsible by either party for Vendors who are restricted from working in the country an enquiry is posted or listed in. WeddingAvocado recommends that both Vendors and Customers carry out such checks as may be necessary to ensure that the fulfilment of an Engagement will not be in breach of any applicable laws.

If you choose to use the Site, you do so at your sole risk. The Site is provided “as is”, without warranty of any kind, either express or implied. We make no warranty that the Site, including, but not limited to, any Profiles or Engagements, will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality of any Vendors, Customers, Profiles or Engagements, or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site.

You are solely responsible for all of your communications and interactions with other users of the Site. You understand that we do not make any attempt to verify the statements of users of the Site. We make no representations or warranties as to the conduct of users of the Site. Notwithstanding our appointment as the limited payment collection agent of the Vendors for the purpose of accepting payments from Customers on behalf of the Vendors, we explicitly disclaim all liability for any Vendor or omission of any Customer or other third party.

Limitation of Liability

We are not liable for any injury to persons or damage to instruments or equipment resulting from an Engagement made through the Site. We encourage Vendors to check, and if necessary purchase, an appropriate insurance policy before any Engagement. We are not party to any agreement or disagreement between Vendors and Customers regarding claims for damages of any form.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Site, and any bookings made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding bookings or the Site.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Irish law. You and we both agree that the courts in Ireland will have non-exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by irish law. We both agree to the exclusive jurisdiction of the courts of in Ireland

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services.

Information about us

www.weddingavocado.com is a website operated by Wedding Avocado Limited ("WeddingAvocado", "we", "us" or "our"). Our registered office address is                                    We are a private limited company. Our directors are Sean Casey and Deirdre o’Callaghan

Contact us

To contact us please email info@weddingavocado.com or call us on 00353 851429319