TERMS AND CONDITIONS
Last Updated: 16 February 2024
These Terms and Conditions ("Terms") constitute a legally binding agreement between you, the user (“User”) or vendor (“Vendor”), and The Party Platform ("Company") governing the use of the website (www.thepartyplatform.com) ("Website") and the mobile applications available on Android and iOS platforms ("Mobile Applications"). Collectively, these are referred to as the "Platform".
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Platform.
CONSENT TO THESE TERMS IS DEEMED MANDATORY FOR ACCOUNT CREATION AND PARTICIPATION IN PROMOTIONAL ACTIVITIES.
The Platform serves as a comprehensive marketplace designed to facilitate transactions between individuals organizing special occasions within the United Arab Emirates, and the Users. It provides a digital environment where Users can engage with various service providers, the Vendors, to meet their event planning needs.
BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, OR ANY TYPE OF REPRESENTATIVE PROCEEDINGS AGAINST THE COMPANY.
Other Terms that may apply to you: Our Privacy Policy and our Cookie Notice.
1 COMPANY MISSION
The Company's overarching mission is to revolutionize the event planning experience. By leveraging technology, our goal is to create an interactive and efficient platform that empowers the Users to seamlessly discover, connect with, and obtain quotes from event Vendors, thereby enhancing the overall event planning process.
2 USER REGISTRATION AND ACCOUNT
2.1 To access certain features and functionalities of the Platform, Users are required to register and create an account.
2.2 Account creation necessitates the provision of specific personal information, including but not limited to:
• First Name
• Last Name
• Email
• Phone Number (beginning with +971)
• Mandatory verification procedures via WhatsApp (OTP) and Email ensure the integrity and security of User accounts.
• Multiple login options are available, including OTP verification and auto-login with periodic re-authentication.
• Users can monitor the status of their Requests for Quote (RFQ), track connected Vendors, and manage event details from their accounts.
3 USER ACTIVITY
3.1 Prior to requesting a quote, Users are required to furnish detailed information pertaining to their event, including:
• Event Name
• Event Date
• Event Type
• Start and End Date/Time
• Number of Guests
• Location
3.2 Operational Limitations. To uphold operational efficiency and ensure fairness among Users, the Platform imposes specific limitations:
• Users are allowed to save a maximum of two active events within a rolling seven-day (07) period. This restriction aims to encourage users to focus on relevant events and prevent excessive cluttering of the Platform with inactive or obsolete event listings.
• The Platform restricts the maximum number of Requests for Quotations (RFQs) that users can send to vendors to five (05). This limitation is designed to promote quality interactions between users and vendors, preventing spamming or overloading vendors with excessive quotation requests.
4 VENDOR REGISTRATION AND ACCOUNT
4.1 The following data may be collected from Vendors registering on the Platform:
• First name
• Last name
• Mobile number
• Email address
• Company Name
• Website URL
• Consent to accept the platform's Terms and Conditions.
4.2 The Vendor hereby consents to the collection and processing of their Vendor Data to facilitate business transactions on the platform and provide vendor services.
5 VENDOR ACTIVITY
5.1 Requests for Quote (RFQs) are promptly communicated to relevant Vendors via designated channels such as WhatsApp and Email. Disclosure of User's details to Vendors only occurs upon acceptance of the RFQ. Vendors are requested to respond to RFQs within a stipulated timeframe of 24 hours.
5.2 Subscription Plans for Vendors. Vendors have the flexibility to promote one or more services through the platform, with unlimited lead generation opportunities provided. Subscription billing is structured on a monthly or annual basis, affording Vendors the convenience of choosing the billing cycle that best suits their needs. Furthermore, provisions may exist for complimentary trial periods and promotional offers, allowing Vendors to experience the platform's functionalities before committing to a subscription. Vendors retain the autonomy to cancel or modify their subscription plans with adequate notice, ensuring their subscription arrangements align with evolving business requirements and preferences.
5.3 Vendor Enrolment and Promotional Privileges. Vendors engage with the platform to leverage promotional opportunities for their services. Each Vendor has the option to showcase one or multiple services through the platform's interface. The platform ensures Vendors receive an unlimited stream of leads to maximize their business opportunities.
5.4 Subscription Billing Framework. Vendors are presented with diverse subscription plans, potentially inclusive of promotional offers, and may avail themselves of a complimentary trial period, contingent upon the chosen plan and concurrent incentives. Subscription fees are assessed on a recurring basis, with the option for Vendors to opt for monthly or annual billing cycles. The creation of succinct promotional videos for Vendors is a complementary feature integrated into select subscription plans, while alternative arrangements may entail a one-time fee mutually agreed upon at the time of enrolment.
5.5 Governance of Information Display. Information dissemination via the platform necessitates explicit approval from the respective Vendor. Upon dissemination, Vendors are accorded a grace period of three working days to validate or contest the shared information; failure to respond within this timeframe will signify tacit acceptance. To ensure optimal representation, Vendors are afforded unlimited revisions to their displayed information through the designated support channels.
5.6 Flexibility in Plan Adjustments and Terminations. Vendors retain the autonomy to modify their subscription plans at any juncture through the platform's designated support infrastructure. Modifications to subscription tiers are effectuated at the culmination of the ongoing billing cycle for monthly subscriptions, and upon the conclusion of the annual billing period for yearly subscriptions, with proportional adjustments in subscription fees applied. Cancellation of subscription plans remains within the purview of the Vendor, with such requests effectuated at the cessation of the prevailing billing cycle. In the event of a mid-term cancellation of an annual subscription, no reimbursements are facilitated.
5.7 Management of Trial Periods and Renewals. Vendors are duly notified in advance of the impending conclusion of their trial period. Should Vendors elect to discontinue their subscription following the trial period, requisite cancellation procedures must be undertaken prior to its culmination.
5.8 Equitable Promotion Practices. The platform is committed to impartially promoting all Vendor services, ensuring equitable exposure across the board.
5.9 Facilitation of User-Vendor Interactions. Upon formalization of a quotation for an event, User contact details are shared with the respective Vendor via WhatsApp or email to facilitate further negotiations and finalize contractual terms. The platform refrains from intervening in subsequent proceedings and disclaims any liability pertaining to the outcomes of arrangements forged between the Vendor and the User subsequent to their connection.
5.10 Termination. If, upon evaluation, the Vendor accumulates five (05) or more negative feedback from Users regarding their products, services, or conduct on the Platform, the Company shall retain the authority to terminate the Vendor's subscription. This termination shall be at the sole discretion of the Company, exercised in alignment with the Platform's policies and guidelines. The Company may consider factors such as the nature and severity of the feedback, any attempts made by the Vendor to address concerns, and the overall impact on the Platform's reputation and user experience.
5.11 Subscription Request Decline. Should the Company ascertain that a prospective Vendor exhibits a poor reputation, notably evidenced by negative reviews on Google pertaining to their business practices, products, or services, the Company reserves the unequivocal right to decline their request to subscribe to the Platform. This decision shall be made based on the Company's assessment of the Vendor's suitability for the Platform, considering factors such as their ability to uphold quality standards, maintain positive customer relationships, and contribute positively to the Platform's reputation.
6 INTERMEDIARY PLATFORM OPERATION AND INFORMATION ACCURACY
6.1 The Company operates as an intermediary platform, facilitating interactions between Users and Vendors for the purpose of service provision and engagement. While diligent efforts are made to curate and maintain the accuracy, reliability, and integrity of information presented on the Platform, it is important to note that such information is provided on an "as is" basis. The Company does not warrant or guarantee the completeness, accuracy, reliability, suitability, or availability of the information, materials, products, or services displayed on the Platform. Users and Vendors acknowledge and agree that they utilize the Platform and its contents at their own risk.
6.2 The Company assumes no responsibility or liability for any errors, inaccuracies, omissions, or discrepancies in the information presented on the Platform. Furthermore, the Company disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Any reliance placed upon the information provided on the Platform is solely at the discretion and risk of the Users and Vendors.
6.3 Users and Vendors are encouraged to independently verify the accuracy and completeness of any information obtained from the Platform before relying on it for decision-making or engaging in transactions. In the event of any discrepancies or concerns regarding the information presented on the Platform, Users and Vendors are encouraged to promptly notify the Company for appropriate remedial action.
6.4 The Company reserves the right to modify, update, or remove any information, materials, products, or services displayed on the Platform at any time, without prior notice. Such modifications or updates may occur to enhance user experience, improve platform functionality, or comply with regulatory requirements.
6.5 By accessing or using the Platform, Users and Vendors agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses arising from or related to their use of the Platform or reliance on the information provided therein.
7 LIMITATION OF LIABILITY
7.1 The Company operates as an intermediary platform, facilitating interactions between Users and Vendors. While efforts are made to ensure the accuracy and reliability of information provided on the Platform, it is presented on an "as is" basis.
7.2 The Company assumes no responsibility for contractual arrangements or event execution between Users and Vendors facilitated through the platform. While the platform may serve as a medium for connecting Users with Vendors and initiating discussions regarding services and quotations, the Company does not participate in, oversee, or guarantee the fulfilment of contractual obligations or the execution of events arranged between Users and Vendors. Any agreements, negotiations, or transactions entered into between Users and Vendors are solely the responsibility of the parties involved. The Company disclaims all liability for any disputes, losses, damages, or liabilities arising from or related to such contractual arrangements or event execution. Users and Vendors are advised to exercise due diligence, conduct independent verifications, and seek professional advice when entering into agreements or engaging in transactions facilitated through the platform.
8 INTELLECTUAL PROPERTY
8.1 All parties retain ownership of their respective Intellectual Property. By agreeing to these Terms, Users and Vendors grant the Platform a limited license to display their Intellectual Property solely within the confines of the Platform.
9 GOVERNING LAW
9.1 These Terms are governed by the laws of the United Arab Emirates. In the event of any legal disputes arising from the use of the Platform, the laws of the United Arab Emirates shall govern, and the courts of the United Arab Emirates shall have exclusive jurisdiction over such disputes.
10 DISPUTE RESOLUTION
10.1 Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be informed to the other Party with a notice of fourteen (14) days. Upon receipt of such notice, the Parties shall attempt to resolve the dispute amicably however, if an amicable resolution is not met within thirty (30) days the final resolution method shall be decided by the Company at its sole discretion.
10.2 All disputes shall be settled by the courts of the United Arab Emirates or by arbitration administered by a single arbitrator chosen by both parties in accordance with applicable laws, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
10.3 The seat of arbitration shall be within the territory of the United Arab Emirates. The language of the arbitration shall be as agreed to by the Parties. Each party shall bear its own costs of arbitration, and the parties shall equally share the fees and expenses of the arbitrator.
11 MARKETING OPT-IN/OPT-OUT
11.1 Opt-In. Users/Vendors have the option to opt-in to receive marketing communications from the platform. By opting in, Users/Vendors consent to receive promotional materials, newsletters, special offers, and other marketing communications via email, SMS, or other channels.
11.2 Opt-Out. Users/Vendors have the option to opt-out of receiving marketing communications from the platform at any time. To opt-out, Users/Vendors can unsubscribe or adjust their communication preferences through their account settings or by following the instructions provided in the marketing communications. Opting out of marketing communications does not affect essential transactional messages or notifications related to account activity or service updates.
12 THIRD PARTIES
12.1 In the course of Platform operation, various third-party services, including but not limited to Google Review, Google Analytics, and Stripe, may be utilized to enhance functionality and User experience.
13 DATA PRIVACY
13.1 The protection of User and Vendor data is of paramount importance. Information collected from Users and Vendors encompasses personal details and event/service specifics. For further information please refer to the Company’s Privacy Policy.
14 SEVERABILITY
14.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that reflects the intent of the original provision as closely as possible.
15 NOTICES
15.1 All formal notices or communications required under this agreement shall be in writing and delivered personally, sent by registered mail, or emailed to the designated addresses of the parties. For the Company all Notices shall be sent to theteam@thepartyplatform.com with the subject line “NOTICE: [User/Vendor Name] | [Date of incident/Dispute]”. Notice shall be deemed effective upon receipt or confirmation of transmission.
16 COMPLIANCE WITH UAE LAWS
16.1 All Users and Vendors of the Platform agree to comply with the laws and regulations of the United Arab Emirates in their entirety. Any activities conducted on the Platform must adhere to the legal framework established by the United Arab Emirates government.
16.2 Users and Vendors shall be solely responsible for ensuring that their actions on the Platform are in accordance with the United Arab Emirates laws, including but not limited to those related to data protection, consumer rights, and commercial transactions.
16.3 The Company reserves the right to terminate or suspend the accounts of any Users or Vendors found to violate the United Arab Emirates laws, without liability.
By utilizing the Platform, you acknowledge that you have read, understood, and agree to abide by these Terms. The Company reserves the right to modify or update these Terms at any time without prior notice. It is incumbent upon Users to periodically review these Terms for revisions. Continued use of the Platform following any modifications constitutes acceptance of the revised Terms.