Terms of Use for Loyal Online Wedding
Please ensure that you take the time to read these terms of use carefully before you use this site.
Terms of Use
Last updated 13 March 2022
These terms of service (“Terms”) govern your use and access to our services, including our website (our “Site”), our wedding-related services, our email notifications, and any information or content appearing therein, collectively our services (“Services”), regardless of whether you are a paid user or a non-paying visitor. You should also read our Privacy Policy, which explains how we collect and use your personal information and our Acceptable Use Policy, which outlines your responsibilities when using our Services.
By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you’re using our Services as a representative of an entity, you’re agreeing to these Terms, our Privacy Policy and Acceptable Use Policy on behalf of that entity. Your agreement is with Loyal Online Wedding and its company (registration no. 73327223) registered in Hong Kong. “We” or “Loyal Online Wedding” should be construed accordingly.
- Our services
- Nature of our services
We are a wedding planner assisting our clients to get married online according to the relevant State Laws of the United States of America. Please refer to our Site and your contract/agreement with us for the details of the Services included.
Loyal Online Wedding is not a law firm and is not engaged in a legal practice and we do not perform the services of a law firm or a solicitor, nor can we represent you or act on your behalf in any contentious or non-contentious matters. You must bear in mind that our Services are not intended to be a substitute for legal or other professional advice or services.
Loyal Online Wedding is a wedding planner. We are not a law firm and we do not give legal advice.
- Our Site
We strive to keep the information provided in our Site accurate and up to date. However, because laws and regulations and their interpretation are constantly changing, we cannot guarantee that all information in our Site is entirely current or complete.
The information and tools we provide is for general use only and does not in any way constitute a definitive or complete statement of law. You must bear in mind that the information we provide does not constitute legal advice. If you have questions about your legal rights or obligations or legal requirements that apply to you in certain specific circumstances, you must consult a lawyer.
- Our advice
While we strive to give you as many practical advice as possible when organising your wedding, we cannot cover all possible situations and therefore we cannot guarantee that the advice will fit all circumstances.
We are not a law firm and do not give legal advice. If you are in doubt as to your rights or obligations relating to your wedding, you must consult a lawyer.
- Our support
- Nature of our services
We provide support to get your marriage registered under relevant State Laws in the United States of America. If you are not able to register the marriage in any countries or use your marriage certificate in any countries, we shall not be held liable or responsible for it. We communicate with you via live chat, email, phone call, or other means to give you service support. You must bear in mind that we are a wedding planning company and no part of our communication with you is legal advice. In particular, we do not:
- draw legal conclusions;
- give legal opinion or clearance;
- provide recommendations about your legal rights, remedies, defences, or strategies;
- advise on how the law applies to the facts of a particular situation;
- act as your legal counsel or represent you in negotiations or disputes; or
- ensure your compliance with any laws or regulations.
- Integrations
Loyal Online Wedding may integrate with third-party software to provide a full suite of functionalities to our users. While we take into account industry standards, security level, and functionalities in choosing our integration partners, we are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.
- Changes to our service
We may at any time suspend or discontinue any feature, plan or any part of our Services, including the support for certain devices or platforms. Our Services may also be affected by acts of nature or force majeure events.
- Beta services
We may release products and features that we are still testing and evaluating (“Beta Services”). These Beta Services are marked “beta”, “preview”, “early access”, or “trial” (or with any words or phrases with similar meanings) and please keep in mind that these Beta Services may not be as reliable as our other Services.
- Accessing our services
We make every effort to ensure that our Services are always available, but our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We do not guarantee that our Services will be free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, and platform in order to access our Site. You should use your own virus protection software.
- Your provision of information
In using our Services, you must provide truthful and accurate information about yourself and/or your marrying partner as well as the wedding witnesses.
- Our rights
All intellectual property rights subsisting in the Services belong to us or have been lawfully licensed to us for use in connection with the Services. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit, or distribute any content or component of our Site in any way, or create any derivative works with respect to any such content or component.
- Copyright policy
Loyal Online Wedding respects intellectual property rights of others and ask that you do too. In the event of suspected copyright infringement, please email us at info@loyalonlinewedding.com. We will respond to notices of alleged copyright infringement that comply with applicable legal requirements and properly provided to us.
- Feedback
We value and welcome feedback on our Services and any suggestions on how we can improve. You agree that we are free to use, disclose, adopt, and/or modify any feedback and information (including any ideas, concepts, proposals, suggestions or comments) provided by you to us in connection with the Services and/or your use of the Services (“Feedback”) without any payment to you. You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption, and/or modification of any of your Feedback.
- Limitation on liabilities
To the fullest extent permitted by law, Loyal Online Wedding and its holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, and licensors (collectively, “Loyal Online Wedding Entities”) expressly limit their liabilities in connection with or arising out of the provision of the Services as follows. Some jurisdictions may not allow the disclaimers in this clause; if that’s the case they will not apply to you.
- No assurance
We strive to provide the best services, but there are certain things that we cannot guarantee. The Services are provided on an “as is” and “as available” basis. No assurance, representation, or warranty of any kind is made, whether express or implied, about the Services (including any Beta Services). In particular, Loyal Online Wedding Entities expressly disclaim any warranties of merchantability or fitness for a particular purpose and non-infringement of our Services (including any Beta Services).
While we make every effort to ensure the quality of our Services, the Loyal Online Wedding Entities make no representation or warranty that:
- the information or content provided as part of our Services will be entirely correct and up to date;
- the documents generated as part of our Services will be accurate, adequate, reliable, free from defect or error or omissions, suitable for a particular purpose, or legally sound;
- our Services are free from bugs or viruses;
- your correspondence with us will be free from interception, corruption, error, delay, or loss;
- access to our Services will always be available or uninterrupted;
- our Services will meet your requirements or sufficiently address your needs in any specific circumstances;
- use of our Services will achieve any particular result; or
- the results that arise from the use of our Services will meet your expectations.
You must exercise and rely solely on your own skill and judgement in your use of the Services, including your interpretation or use of the information or content available as part of the Services.
- Limitation of liabilities
We do not exclude or limit our liability to you where it would be illegal to do so – this includes any liability of any Zegal Entity for fraud or making fraudulent misrepresentation in providing the Services.
In countries where the following types of exclusions are not allowed, we will be responsible to you only for the losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of contract with you. This clause does not affect any consumer rights that cannot be waived or limited by way of contract or agreement.
In countries where exclusions or limitations of liabilities are allowed, no Loyal Online Wedding Entity would be liable for:
- any indirect, special, incidental, punitive, exemplary, or consequential losses or damages; or
- any loss of profit, business, or data
arising out of the use of, or the inability to use, our Services. These exclusions or limitations apply regardless of whether or not any Loyal Online Wedding Entity has been advised or notified of such losses or damages.
If you use the Services for any purpose other than your own commercial use (including for re-sale, which is not permitted under the Acceptable Use Policy), none of the Loyal Online Wedding Entities will be liable to you for any loss of profit or business, business interruption, or loss of business opportunity.
Loyal Online Wedding Entities are not responsible for the conduct of any user of the Services, whether online or offline.
Other than the types of liabilities we cannot limit by law, the liabilities of the Loyal Online Wedding Entities to you are limited to the amount you have paid to Loyal Online Wedding (if any) for the Services under the current term of your service plan.
- No assurance
- Your representation and warranty
Our Services are not intended for and may not be used by minors. By using our Services, you are representing to us that you’re an adult and that you can legally enter into contractual agreements. If you are using the Services on behalf of an entity, by using our Services you represent and warrant that you have the necessary rights and authority to agree to these Terms, our Privacy Policy and the Acceptable Use Policy on behalf of that entity.
- Indemnity
You agree to indemnify and hold us harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these Terms, (ii) your use of our Services and/or (iii) any misrepresentation made by you. You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Services or these Terms.
- Change of these terms
We may revise these Terms from time to time in order to reflect the latest improvements or enhancements made to our Services or latest changes in applicable laws or regulations. If we make any material changes to these Terms, we will notify you by email to the email address registered with us. If you do not agree to any revised Terms, you should cancel your Services with us. By continuing to use our Services after the changes come into effect, you agree to be bound by the revised Terms.
- Termination
- These Terms will continue to apply until terminated by you or us as follows. You may stop using our Services at any time.
- We reserve the right to suspend or terminate your access to the Services if:
- you are in serious or repeated breach of these Terms (including failure to make proper payment to us);
- you are using the Services in a manner that would cause a real risk of harm or loss to us, other users, or the public;
- we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations, or legal processes; or
- our provision of the Services to you is no longer possible.
We will notify you by the email address associated with your account unless we are prohibited from notifying you by law.
We will report any breach of these Terms or the Acceptable Use Policy to law enforcement authorities where we think fit, and we will co-operate with such authorities by disclosing your identity and providing any information about you within our systems to them.
- Waiver and severability
Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted, reflecting our intent as closely as possible.
- Assignment of rights
You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our holding company, affiliates, or subsidiaries, or to any successor in interest of any business associated with the Services.
- Dispute resolution
We wish to address your concerns without going through a formal legal process. Before filing a claim against Loyal Online Wedding, you agree to try to resolve the dispute informally by contacting info@loyalonlinewedding.com. We will respond to you by email as soon as practicable; however a lack of response shall not be deemed to constitute any acquiescence or waiver. We will try our best to resolve the dispute informally within thirty (30) days. If the dispute is not resolved within such a period, you or Loyal Online Wedding may bring a formal proceeding.
Loyal Online Wedding and you agree that all disputes, controversies, and claims arising out of or in relation to the Services, these Terms and (including the existence, validity, interpretation, performance, breach, or termination thereof) shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the UNCITRAL Arbitration Rules in force when the notice of arbitration is submitted, as modified by the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules.
The law of arbitration shall be Hong Kong law and the place of arbitration shall be Hong Kong. The number of arbitrators shall be one, except where the amount in dispute exceeds USD 50,000, in which case the number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.
For the avoidance of doubt, any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
Notwithstanding the foregoing, you or Loyal Online Wedding may bring an individual action in a small claims court. You agree that, by entering into these Terms, you and Loyal Online Wedding are each waiving the right to bring an action in a court of law (save the small claims court) or to participate in a class action.
If we make any future change to this dispute resolution clause, that change will not apply to any dispute of which notice of arbitration has been filed on or before the effective date of the change.
- Governing law
These Terms and our Payment Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
- Contact
If you have any question about the Services or these Terms, please contact us by email at info@loyalonlinewedding.com.
Acceptable Use Policy
- As part of the Terms of Service, you agree not to misuse our services (“Services”) or help anyone else to do so. For example, you agree not to do any of the following in connection with our Services:
- use our Services for unlawful or unauthorised purposes;
- use our Services for entities other than the business entity in whose name the account is registered;
- re-sell any documents you have gained access to;
- re-sell or attempt to benefit in a commercial fashion from any content available as part of the Services;
- generate or download documents on a systematic basis that is commercially prejudicial to Loyal Online Wedding;
- sell the Services unless specifically authorised to do so;
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services or shared areas of the Services that you haven’t been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Services, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Services;
- access, search, or create accounts for the Services by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
- send unsolicited communications, promotions or advertisements, or spam;
- forge any TCP/IP packet header or any part of the header information in any email;
- send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
- conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
- abuse referrals or promotions;
- post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
- violate the letter or spirit of our Terms of Service;
- violate applicable laws or regulations in any way; or
- violate the privacy or infringe the rights of others.
You acknowledge that the above is not an exhaustive list.