1. Defined Terms
The following terms have the meanings set out below wherever they appear, capitalised or not, in these Terms of Service (the "Terms"). Definitions used in our Editorial Policy and Methodology and in our Privacy Policy apply equally where the context requires.
- WPM, we, our, us
- The legal entity operating the website weddingplannermarrakech.com and the WPM software platform, as identified on the corporate identity page of this site.
- User, you, your
- Any natural or legal person who accesses, browses, registers an account on, or otherwise uses any part of the WPM platform.
- Couple
- A natural person who registers an account on WPM as a person preparing or contemplating a wedding, whether alone or jointly with a partner.
- Vendor
- Any business that registers in the Vendor Portal to maintain a profile, receive briefs, or transact through WPM, including planners, venues, photographers, florists, caterers, and any other supplier of wedding-related goods or services.
- Editorial Output
- Any content originated by the WPM Editorial Team and published on the WPM platform or in any WPM communication, as further defined in Section 3 of our Editorial Policy.
- Subscription
- Any paid plan offered by WPM, including (without limitation) Couple Pro, Reality Check, Vendor Pro, Vendor Pro+, and any featured-placement product.
- Paddle
- Paddle.com Market Limited (and its affiliates), our Merchant of Record for all paid transactions on the WPM platform.
- Applicable Law
- Every law, regulation, statutory instrument, code of practice, judicial decision, and binding regulatory guidance that applies to the relevant party in respect of the relevant subject matter, including in particular the General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR"), the Digital Services Act (Regulation (EU) 2022/2065, "DSA"), Directive 2011/83/EU on consumer rights, Directive 2019/770 on contracts for the supply of digital content and digital services, the Moroccan Loi n° 09-08 du 18 février 2009 relative à la protection des personnes physiques à l'égard du traitement des données à caractère personnel, the Moroccan Code de la presse et de l'édition (Loi n° 88-13), and the Moroccan Code des obligations et des contrats (Dahir des obligations et des contrats du 12 août 1913, as subsequently amended).
2. Acceptance and Legal Capacity
By accessing or using any part of the WPM platform, you confirm that you have read, understood, and accept these Terms in their entirety, that you have the legal capacity to enter into a binding contract under the law of the jurisdiction in which you are habitually resident, and that you are at least eighteen (18) years of age. If you are accessing or using the WPM platform on behalf of a legal person (a company, partnership, association, or other legal entity), you further confirm that you have all necessary authority to bind that legal person to these Terms, and the term "you" in these Terms shall refer to both you personally and the legal person on whose behalf you are acting. If you do not accept these Terms in full, you must immediately cease all access to and use of the WPM platform.
3. Grant of Limited Licence to Access and Use
Subject to your continuing compliance with these Terms, WPM grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free licence to access and use the WPM platform for your own personal, non-commercial purposes if you are a Couple, or for your own internal business purposes if you are a Vendor. This licence does not transfer any title, ownership, or intellectual-property right of any kind. Any use of the WPM platform that is not expressly permitted by this licence or by another written agreement with WPM is strictly prohibited and may give rise to civil and criminal liability under Applicable Law.
4. Account Obligations
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs through your account. You agree to provide accurate, current, and complete information at the time of registration and to update that information promptly upon any change. You agree not to share your credentials with any third party, not to maintain more than one (1) account for the same natural or legal person without the prior written consent of WPM, and not to access any account other than your own. WPM may suspend, restrict, or terminate any account that has been used in breach of these Terms, that has been compromised, or whose activity reasonably suggests fraudulent, unlawful, or abusive conduct. WPM will give you written notice of suspension where it is reasonably practicable to do so prior to suspension, and in any case promptly thereafter, except where notice would itself prejudice an investigation or breach Applicable Law.
5. Acceptable Use
You agree not to use the WPM platform in any manner that:
- (a) violates Applicable Law, including any data-protection, consumer-protection, intellectual-property, defamation, anti-discrimination, anti-money-laundering, sanctions, or export-control law;
- (b) infringes any third-party right, including any intellectual-property right, privacy right, image right, moral right, or contractual right;
- (c) involves the transmission of any unsolicited commercial communication, of any virus, worm, trojan, or other malicious code, or of any content reasonably likely to be harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- (d) seeks to interfere with, disable, overburden, or impair the WPM platform or the underlying infrastructure, including by means of automated scraping, denial-of-service traffic, the use of bots not expressly authorised by WPM, or the circumvention of any security measure;
- (e) impersonates any other person, falsely states or otherwise misrepresents an affiliation with any person or organisation, or seeks to obtain through deception any benefit, advantage, or information not lawfully available to you;
- (f) collects or processes any personal data of any other user otherwise than as expressly authorised by these Terms, by our Privacy Policy, by the Applicable Law, and by the data subject's freely given, specific, informed, and unambiguous consent where required;
- (g) involves the placement, on the WPM platform or in any communication transmitted through it, of any content for which you do not have the lawful right to place it, including any content that infringes Article 14 of the DSA or any analogous provision of Moroccan law.
Breach of this Section 5 may, without prejudice to any other remedy available to WPM, result in immediate suspension or termination of your account, removal of the offending content, and the reporting of the conduct to the competent national authority.
6. User-Generated Content and Licence-Back
6.1 Ownership. As between you and WPM, you retain all intellectual-property rights in and to any content that you submit, upload, post, or otherwise transmit to or through the WPM platform ("User Content"), subject to any pre-existing right of any third party.
6.2 Licence to WPM. By submitting User Content, you grant WPM a worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to host, store, reproduce, modify, adapt (for example, to resize images or to translate text), publish, perform, display, and distribute that User Content for the purposes of operating, providing, improving, and promoting the WPM platform, including in editorial outputs that quote, reference, or summarise the User Content. The licence subsists for as long as the User Content remains available on the WPM platform and for a reasonable period thereafter to allow for back-up, archive, and audit purposes.
6.3 Representations. You represent and warrant to WPM that you have all rights necessary to grant the licence in Section 6.2, that the User Content does not infringe the rights of any third party, that the User Content complies with Section 5 of these Terms, and that any natural person depicted in the User Content has, where required by Applicable Law, given their freely given, specific, informed, and unambiguous consent to the depiction and to its publication.
6.4 Removal. WPM may, at its sole discretion and without liability, refuse to publish, remove, or modify any User Content that, in its reasonable opinion, breaches these Terms or Applicable Law, or that is the subject of a substantiated complaint received under Section 8.
7. Intellectual Property and Trademarks
All intellectual-property rights in the WPM platform, including in the underlying source code, the visual design, the trademarks, the editorial content, the rankings, the scores, the methodology, the proprietary databases, and the original photography, are owned by WPM or by its licensors. "WPM", "Wedding Planner Marrakech", any associated logo, and any associated tagline are trademarks of WPM. No right or licence to use any such trademark is granted by these Terms. Any use of the WPM trademarks for press, journalistic, or academic purposes is permitted to the extent permitted by Applicable Law on quotation and reporting, provided that attribution is given and that no misrepresentation of any commercial relationship with WPM is made.
8. Notice-and-Action Procedure
Any person who considers that any content available on the WPM platform is illegal under Applicable Law, infringes their rights, or otherwise violates these Terms, may submit a notice in accordance with the procedure set out in this Section 8. The procedure is designed to comply with Article 16 of the DSA ("Notice and action mechanisms") and with any analogous obligation under Moroccan law.
- 8.1 Submission. The notice must be sent in writing to legal@weddingplannermarrakech.com and must contain (i) a sufficient explanation of the reasons why the notifying party considers the content to be illegal or infringing, (ii) a clear indication of the precise electronic location of the content (URL or other technical identifier), (iii) the name and contact details of the notifying party (except in the case of content involving criminal offences referred to in Articles 3 to 7 of Directive 2011/93/EU, where such details are not required), and (iv) a statement confirming the bona fide belief of the notifying party that the information and allegations contained in the notice are accurate and complete.
- 8.2 Acknowledgement. WPM will acknowledge receipt of any notice that complies with the foregoing requirements within five (5) working days.
- 8.3 Assessment. WPM will assess the notice diligently, non-arbitrarily, and objectively, will document the assessment, and will take a decision on the requested action within thirty (30) calendar days of acknowledgement, save in cases of exceptional complexity in which a single extension of fifteen (15) calendar days may be taken with written notice to the notifying party.
- 8.4 Action. The action taken by WPM may consist of (a) removal or disabling of access to the content, (b) restriction of the visibility of the content, (c) suspension or termination of the account that posted the content, (d) the publication of a correction or annotation alongside the content, or (e) the rejection of the notice on stated grounds.
- 8.5 Statement of reasons. Where WPM removes, disables, restricts, demotes, or otherwise acts on content, WPM will provide the user who posted the content with a statement of reasons in accordance with Article 17 of the DSA, where applicable.
- 8.6 Misuse. WPM reserves the right to refuse to process notices submitted by persons who have, on a frequent basis, submitted manifestly unfounded notices, in accordance with Article 23 of the DSA.
9. Vendor-Specific Terms
Where you register as a Vendor, you confirm that you do so in the course of your trade, business, craft, or profession, and that the relationship between you and WPM is therefore a business-to-business (B2B) relationship to which the consumer-protection provisions of EU and Moroccan law applicable to natural persons acting outside their trade do not apply. You agree to provide accurate identifying information (legal name, registered address, tax identification number where applicable, principal place of business), to comply with the Vendor Portal terms (including any specific obligations regarding profile accuracy, response times, and quote integrity), and to indemnify WPM in respect of any claim arising from your failure to comply with Applicable Law in the conduct of your business. The detailed Vendor terms, including the trial period, the soft-deactivation conditions, and the featured-placement rules, are set out in the Vendor Portal documentation and incorporated into these Terms by reference.
10. Couple-Specific Terms (Consumer)
Where you register as a Couple, and where you are habitually resident in a member state of the European Union or of the European Economic Area, you are presumed to be acting as a consumer within the meaning of Directive 2011/83/EU on consumer rights and of Directive 2019/770 on contracts for the supply of digital content and digital services. Nothing in these Terms is intended to limit or exclude any mandatory right that you have as a consumer under the law of your habitual residence. In particular, the rights conferred by Directive 2011/83/EU regarding pre-contractual information, by Directive 2019/770 regarding the conformity of digital content and digital services, and by any national transposition of those Directives, prevail over any inconsistent provision of these Terms to the extent of the inconsistency. Where you are habitually resident in a country outside the European Union or the European Economic Area, you may have analogous mandatory rights under the law of your habitual residence; nothing in these Terms is intended to limit or exclude those rights.
11. Payment and Billing
All paid Subscriptions on WPM are sold to you by Paddle.com Market Limited (and its affiliates), acting as our Merchant of Record. Paddle is responsible for the issuance of the invoice, for the collection of the price (including any applicable value-added tax, sales tax, or equivalent), and for the handling of payment-method information in accordance with the Payment Card Industry Data Security Standard. By purchasing a Subscription, you also agree to the Paddle Buyer Terms (paddle.com/legal/checkout-buyer-terms) and to the Paddle Privacy Policy (paddle.com/legal/privacy). The processing of personal data by Paddle in its capacity as data controller is governed by the Paddle Privacy Policy. WPM acts as data controller in respect of the personal data that we receive from Paddle in connection with your Subscription, in accordance with our Privacy Policy.
12. Subscriptions, Renewal, and Cancellation
Subscriptions billed on a recurring basis (monthly or annual) renew automatically at the end of each billing period unless cancelled by you before the renewal date. You may cancel a Subscription at any time from the billing area of your account, in which case the Subscription will continue to provide access until the end of the then-current billing period and will not renew. Subscriptions billed as a single fixed-term payment (such as Couple Pro at €149 or Reality Check at €599) do not renew automatically. WPM may modify the price of any Subscription with effect from the next renewal, provided that you are given not less than thirty (30) days' written notice of the new price. The processing of a renewal at the previous price after the new price has taken effect entitles you to a corresponding pro-rata refund on request. The detailed refund matrix per Subscription type is set out in our Refund Policy, which is incorporated into these Terms by reference.
13. Statutory Right of Withdrawal (EU Consumers)
If you are a Couple habitually resident in the European Union or in the European Economic Area, you have the right to withdraw from your purchase of a Subscription within fourteen (14) calendar days from the date of conclusion of the contract, without giving any reason and without incurring any cost other than the cost specifically referred to in Article 14(3) of Directive 2011/83/EU. To exercise the right of withdrawal, you must inform WPM of your decision to withdraw by means of an unequivocal statement (for example, by email to legal@weddingplannermarrakech.com), prior to the expiry of the fourteen-day period. The model withdrawal form set out in Annex I(B) of Directive 2011/83/EU may be used but is not mandatory. Where you have expressly requested that the supply of digital content begin during the withdrawal period and have acknowledged that you thereby lose your right of withdrawal in accordance with Article 16(m) of Directive 2011/83/EU, the right of withdrawal is extinguished as of the moment that performance of the contract has begun. Where the right of withdrawal is exercised in time and is not extinguished, WPM will refund the price paid using the same means of payment used for the original transaction within fourteen (14) days of having been informed of the withdrawal.
14. Disclaimers
To the maximum extent permitted by Applicable Law, the WPM platform and all content made available through it are provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement. WPM does not warrant that the WPM platform will be uninterrupted, error-free, or free of harmful components, that any defects will be corrected, or that the use of the WPM platform will produce any particular result. Without prejudice to Section 10 (Couple-Specific Terms) and to any non-excludable mandatory right under Applicable Law, no statement or information provided by WPM, whether oral or written, creates any warranty not expressly stated in these Terms.
15. Limitation of Liability
To the maximum extent permitted by Applicable Law, the aggregate liability of WPM in respect of any and all claims arising from or in connection with these Terms, with the WPM platform, or with any Subscription, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the greater of (i) the total amount paid by you to WPM in the twelve (12) months preceding the event giving rise to the claim, or (ii) one hundred euros (€100). WPM shall not in any event be liable for (a) loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of anticipated saving, or loss of data, in each case whether direct or indirect; (b) any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind. Nothing in this Section 15 limits or excludes any liability that cannot lawfully be limited or excluded under Applicable Law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other matter for which limitation or exclusion would be unlawful.
16. Indemnity
You agree to indemnify, defend, and hold harmless WPM, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal fees) arising out of or in connection with (i) your breach of these Terms, (ii) your violation of any Applicable Law, (iii) your infringement of any right of any third party, or (iv) any User Content submitted by you. WPM shall give you prompt written notice of any indemnified claim, shall reasonably co-operate with you in the defence of the claim, and shall not enter into any settlement without your prior written consent (such consent not to be unreasonably withheld or delayed).
17. Force Majeure
Neither party shall be liable for any failure or delay in the performance of any obligation under these Terms (other than an obligation to pay money) to the extent that the failure or delay is caused by an event beyond the reasonable control of the affected party, including (without limitation) acts of God, war, civil disturbance, epidemic, pandemic, governmental action, regulatory action, the failure of any telecommunications, electricity, or internet service, the failure of any third-party service or infrastructure provider, or any other event of force majeure. The affected party shall give prompt written notice of the event to the other party and shall use reasonable endeavours to mitigate its effects.
18. Severability
If any provision of these Terms is or becomes invalid, illegal, or unenforceable in any jurisdiction, that provision shall, to the extent of the invalidity, illegality, or unenforceability, be deemed not to form part of these Terms in that jurisdiction; the remaining provisions of these Terms shall continue in full force and effect; and the parties shall negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, the original commercial intent.
19. Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms, in whole or in part, without the prior written consent of WPM. WPM may assign, transfer, or delegate any of its rights or obligations under these Terms, in whole or in part, to any affiliate, to any acquirer of all or substantially all of its business or assets, or to any other third party, provided that the assignment does not materially diminish your rights under these Terms.
20. Governing Law
These Terms, and any dispute or claim arising out of or in connection with them, are governed by and construed in accordance with the laws of the Kingdom of Morocco, without regard to its conflict-of-laws rules. Where you are a consumer habitually resident in a member state of the European Union or of the European Economic Area, the foregoing choice of law shall not deprive you of the protection afforded to you by mandatory provisions of the law of your habitual residence within the meaning of Article 6 of Regulation (EC) No. 593/2008 (Rome I).
21. Dispute Resolution and Venue
Any dispute arising out of or in connection with these Terms (other than a dispute brought by a consumer in respect of which the consumer is entitled to seise the courts of their habitual residence under Article 18 of Regulation (EU) No. 1215/2012, Brussels I bis) shall be subject to the exclusive jurisdiction of the competent courts of Marrakech, Kingdom of Morocco. The parties may agree, in writing and after the dispute has arisen, to refer the dispute to arbitration administered by the Centre International de Médiation et d'Arbitrage de Casablanca (CIMAC) under its rules then in force, by a single arbitrator appointed in accordance with those rules, with the seat of arbitration at Casablanca, in the French language. Where the consumer-jurisdiction protections of Brussels I bis or any analogous instrument apply, nothing in this Section 21 shall be construed to derogate from those protections. The European Commission's Online Dispute Resolution platform (ec.europa.eu/consumers/odr) is available to EU consumers as an alternative.
22. No Class Action Aggregation
To the extent permitted by Applicable Law, each party agrees to bring any dispute arising out of or in connection with these Terms only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. This Section 22 does not apply to the extent that the Applicable Law of your habitual residence grants you the right to participate in a collective proceeding that cannot be waived by contract.
23. Survival
Sections 1 (Defined Terms), 6 (User-Generated Content), 7 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnity), 18 (Severability), 19 (Assignment), 20 (Governing Law), 21 (Dispute Resolution), 22 (No Class Action), and 23 (Survival) survive any termination or expiry of these Terms.
Questions about these Terms? Contact our legal desk.
legal@weddingplannermarrakech.com
