Effective Date: The User Agreement was last modified on May 8, 2008.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH WEDCRED OFFERS YOU ACCESS TO OUR SERVICES. BY USING, VIEWING OR BROWSING THE WEDCRED WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE WEDCRED SERVICES OR WEBSITE.
This User Agreement ("Agreement") is a contract between you and WedCred LLC, a South Dakota limited liability company, and constitutes a legally binding agreement, made for valid and sufficient consideration, governing your use of the WedCred service and any related products and services available through www.wedcred.com ("Services").
In this Agreement, "User", "you" or "your" means any person or entity using the Services. Unless otherwise stated, "WedCred," "we" or "our" refers to WedCred LLC.
1. Your Obligations
Eligibility. You represent that you are a legal resident of the United States and its territories and are a person of legal age in the U.S. state or territory in which you live (generally at least 18 to 21, depending on the state). You agree that it is your responsibility to keep your User information current, complete and accurate by periodically updating your information in the appropriate section of our website.
License. Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you use the Service and adhere to this Agreement, to access, participate in and use the Service. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.
Policies. You agree to comply with this Agreement, and all other policies, rules and terms and conditions as set forth in Services materials (the "Policies"). The Policies, including any amendments, which may be made from time to time, are hereby incorporated by reference into this Agreement. We may modify this Agreement or the Policies at any time upon notice given in accordance with this Agreement. This Agreement and the Policies as so amended will be posted on our website, and your continued use of the Service thereafter will constitute your affirmative acceptance of any such amendment and your agreement to the terms thereof. The most current version of this Agreement can be viewed by clicking on the User Agreement located at the bottom of the pages of the WedCred website. The most current version of this Agreement will supersede all previous versions.
No Unauthorized Use of the Services. WedCred may only be used to give and receive money gifts for wedding events. You agree that you will not, and will not permit others to:
make or receive a Gift to a Wedding Gift Registry Account (as those terms are defined below), where the Gift Giver and Wedding Gift Registry Account holder are the same person, or otherwise use the Services to provide yourself with a cash advance from your credit card (or helping others to do so);
provide any unauthorized third party with access to the Services or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to WedCred (collectively, "Content") by any means;
modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Services;
engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Services;
introduce into the Services any code intended to disrupt the Service, alter or delete its Content, access confidential Content on our website or interfere with the operation of the Service, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
post any material in any form whatsoever on our website or within the Services that is defamatory, obscene, false, inaccurate, misleading or otherwise unlawful or violates any third party's right of privacy or publicity;
infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Services; or
create liability for us or cause us to lose (in whole or in part) the services of our suppliers.
Security. You will maintain the confidentiality of the passwords by which you access the Services, and will allow access to the Services only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. If there is a breach of security through your Wedding Gift Registry account, you will immediately change your password and notify us of such a breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your email address and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Services that would damage, interfere with or unreasonably overload the Services. You acknowledge that WedCred will not contact you to solicit your user ID or password.
2. Warranty and Indemnification
No Warranty. WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If any applicable authority holds any portion of this section to be unenforceable, then our liability will be limited to the fullest possible extent permitted by applicable law.
Limitation of Liability. IN NO EVENT SHALL WE, OUR MANAGING MEMBERS, OFFICERS, EMPLOYEES, ADVISORS OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR MANAGING MEMBERS, OFFICERS, EMPLOYEES, ADVISORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. If any applicable authority holds any portion of this section to be unenforceable, then our liability will be limited to the fullest possible extent permitted by applicable law.
Indemnification. You agree to indemnify and hold WedCred and our managing members, officers, employees, advisors and suppliers harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of or in connection with your breach of this Agreement or the Polices, or your violation of any law or the rights of a third party relating to your use of the Services.
3. Third Party Websites
Our website may offer links to third party websites that are not under the control of WedCred. We do not endorse any of these websites or the products and services they may offer. Your use of those websites shall be at your own risk and subject to their terms and conditions.
4. Creating a Wedding Gift Registry Account and Receiving Gifts
With Your Wedding Gift Registry Account. Subject to this Agreement, you may receive gifts denominated in U.S. dollars (each a "Gift") from other Users. We are not responsible for setting the amount of the Gifts offered by any User. Gifts you accrue will be posted to your individual Wedding Gift Registry Account on the books of WedCred (your " Wedding Gift Registry Account"). Our website will display a summary of activity for each event in your Wedding Gift Registry Account. Generally, Gifts will be posted to your Wedding Gift Registry Account within two (2) days. However, we will not be liable for damages resulting from any failure to post Gifts to a Wedding Gift Registry Account in a timely manner. You acknowledge and accept that at this time, WedCred only provides its services within the United States of America. You acknowledge and accept that at this time, WedCred will only mail checks to valid addresses within the United States of America. You acknowledge and accept that you are solely responsible for checking your Wedding Gift Registry Account regularly to verify that Gifts have been properly posted. If you believe that a Gift has not been properly posted to your Wedding Gift Registry Account, then you must inform WedCred within thirty (30) days of the transaction for which you are claiming that a Gift should have been posted and must be able to provide proof of such transaction acceptable to WedCred. WedCred reserves the right, however, to determine, in its sole and absolute discretion, whether a Gift should have been posted to your Wedding Gift Registry Account. You acknowledge that any such determination by WedCred will be final and binding. You further acknowledge that WedCred is not responsible for any Gifts that were not properly posted due to an error by you or by a User attempting to give you a Gift (e.g., a User intending to purchase a Gift for you mistakenly purchased a Gift for another User). You acknowledge and accept that it is the sole responsibility of the WedCred Wedding Gift Registry Owner/Recipient to report any gift amounts received to their Federal, State and local governments if required to do so by law for tax purposes.
Agency Relationship. If you set up a Wedding Gift Registry Account, WedCred will act as a facilitator to help you accept gifts from third parties. With respect to such Wedding Gift Registry Account, you appoint WedCred to act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. We will deposit and hold Gifts posted to your Wedding Gift Registry Account, together with funds from other Users, in accounts established and maintained by us for the exclusive benefit of holders of Wedding Gift Registry Accounts at one or more FDIC-insured banks (the "Segregated Account"). WedCred will at all times hold your Gift funds in the Segregated Account separate from its corporate funds, will not use your Gift funds for its operating expenses or any other corporate purposes, and will not voluntarily make Gift funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that WedCred (i) is not a bank and the Service is a payment processing service rather than a banking service, and (ii) is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.
You agree that you will not be entitled to receive interest on any funds deposited in the Segregated Account. WedCred may earn interest on those funds, or may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds, and you agree to contribute to WedCred interest or reduction in fees or expenses, if any, that your Gift funds earn in the Segregated Account as part of the fees described above in Section 3.
Your rights with respect to funds held in the Segregated Account exist only with respect to the Gifts actually purchased for the benefit of your Wedding Gift Registry Account. Only WedCred is authorized to act upon your instructions with respect to the disposition of Gift funds held for your benefit in the Segregated Account in accordance with the terms of this Agreement.
Identify and Address Verification. When you create a Wedding Gift Registry Account, you will be required to provide your name and address and register a credit or debit card with us. As part of our efforts to prevent fraud, we may provide this information to one or more third parties for the sole purpose of validating your name, credit card information and address (your "Confirmed Address"). You hereby authorize us, at the time you register a credit or debit card with us, to request authorization from the applicable credit, debit or charge card issuer for a transaction on such credit, debit or charge card in order to protect against fraud or other abuse, provided that we will reverse such transaction promptly upon receipt of authorization or rejection from the credit, debit or charge card issuer. You acknowledge and agree to this procedure and acknowledge that, during the period between authorization and reversal of such transaction, certain funds (up to $25.00) from your credit or debit card may not be available for your use. We will have no liability to you for any losses or costs associated with the temporary unavailability of such funds. We may confirm this information when you create your Wedding Gift Registry Account, when you request any Gift withdrawal, and if you request any change to your account information. See our Privacy Policy for additional details regarding our use of this information.
Gift Payment. The date you receive your check from WedCred is based on the date that you choose for your wedding gift registry to close (stop accepting gifts). WedCred will mail your check within 3 business days of your registry close date and on average, you will receive your WedCred check within 3-7 business days of the gift registry close date. WedCred does not guarantee that the check will be delivered in 3-7 business days and you agree that WedCred is not liable for any damages resulting if delivery takes longer than 3-7 business days.
WedCred will mail your check via regular mail or certified mail (depending on the registry amount) within 3 business days of your registry close date and on average, you will receive your WedCred check within 3-7 business days of the gift registry close date (which is selected by the couple). For your safety, all checks are made out to you, are marked "for deposit only”, will void after 180 days, and will only be delivered to the current account address on file when your gift registry account closes.
In the event that a check is returned as undeliverable and it was correctly sent to the address listed by the Wedding Gift Registry Account owner or if a check is not cashed after 180 days from the date it was issued, the funds will be returned to your Wedding Gift Registry Account. The funds will be available to the Wedding Gift Registry Account owner to be mailed again. A $15.00 processing fee will be deducted from the previous amount total and the remaining balance will be issued to the Wedding Gift Registry Account owner. Regardless of the format in which the Wedding Gift Registry Account owner originally chose to receive their gift, a reissued gift balance will always be in the form of a check. If the original balance issued to the Wedding Gift Registry Account owner is less than $15.00 and the Wedding Gift Registry Account owner's check is returned or not cashed within the 180 day time period allotted, the Wedding Gift Registry Account owner's account will remain closed, will be considered to be paid in full, and no other payment will be attempted to the Wedding Gift Registry Account owner by WedCred. As part of our efforts to prevent fraud, you authorize WedCred to review large gift purchases before releasing the Gift funds to you.
Gift Funding Responsibility. You are responsible for any Gift purchase made to your Wedding Gift Registry Account that is refunded for any reason. In our sole discretion, we may withdraw amounts from your Wedding Gift Registry Account and deduct Gifts from your Wedding Gift Registry Account in order to make adjustments for returned or canceled Gifts. In the event that your Wedding Gift Registry has closed and you have received your Wedding Gift Registry Payment via a check and the transaction that generated such Gift is reversed for any reason, you will remain solely responsible for the repayment of the Gift credited from such transaction. In the event you fail to repay such amount, we reserve the right to take any and all legal action necessary to collect the dollar amount from you, including but not limited to pursuing such claim in a court of law, employing a debt collection agency, or reporting such claim to a credit reporting agency. We reserve the right to rescind Gifts and to bar further Gifts to, or terminate any User that we believe, in our sole discretion, is abusing or has abused the Services, including, without limitation, by engaging in fraudulent activities, by engaging in a pattern of requesting Gift refunds after the corresponding Gift has been issued to the Wedding Gift Registry Account owner, by creating or attempting to create or participating in any market in Gifts, or by engaging in or accepting any broad-based solicitation of Gifts. You agree to forfeit any and all Gifts you have received through the Services in the event that you have engaged in any such activities.
Cancelled Wedding. If you cancel your wedding, you will not be able to refund or return any monetary gifts given to your WedCred Wedding Gift Registry Account. It will be the sole responsibility of the Wedding Gift Registry Account owner to return the gifts given on their own if they choose to do so.
Mistaken Gifts. If WedCred determines that a User purchased a Gift for the wrong event, we may at our discretion remedy the mistake by transferring the Gift from the incorrect Wedding Gift Registry Account to the correct Wedding Gift Registry Account.
Account Adjustments. In the event of any abusive or fraudulent activity related to the Services, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Wedding Gift Registry Account and/or funds held for your benefit in the Segregated Account at any time. Any such adjustments, however, will be made in accordance with this Agreement, the Policies and any applicable laws, rules or regulations.
Your Wedding Gift Registry Information. "Your Wedding Gift Registry Information" is defined as any information you provide to us about your wedding, such as a description of your wedding or your plans for spending your Gifts. You agree that we may post Your Event Information on our website. WedCred will use and protect Your Event Information in accordance with our Privacy Policy. You agree that WedCred is not responsible for the accuracy of the content provided on the individual Wedding Gift Registry websites by the registry owners and as such, is not liable for any damages arising due to the inaccuracy of any information posted on the WedCred website.
5. Purchasing/Giving Monetary Gifts
You may give a Monetary Gift using only the types of credit and debit cards specified during the purchase process. You cannot give a Monetary Gift to your own Wedding Gift Registry Account. In the event that you give a Monetary Gift to a Wedding Gift Registry Account where the Wedding is cancelled for any reason, you will not be able to receive a refund from WedCred. In the event that you give a Monetary Gift to the wrong event, you will not be able to receive a refund from WedCred; however, if you notify us of the mistake within 15 days of the transaction, we may at our discretion transfer the Gift from the incorrect Wedding Gift Registry Account to the correct Wedding Gift Registry Account.
6. Fees
Giving Gifts. Gift givers will pay a transaction fee of either $1.99 or 3.5% of their gift amount, whichever is greater. This fee is added to the Gift amount at the time of the gift transaction and is charged to the gift giver.
Receiving Gifts. There is no fee for creating a Wedding Gift Registry Account with WedCred. We charge a one-time, flat fee in the amount of $20.00, which you authorize us to deduct from your Wedding Gift Registry Account balance after your Wedding Gift Registry closes (on the date chosen by Registry Owner). Gift registries where the total amount given is greater than or equal to $550.00 will be sent via certified mail for which an additional $3.00 postage fee will automatically be deducted from the couple's WedCred Gift Registry balance. The remaining balance will then be issued to the Wedding Gift Registry Account Owner. In the event that the total Wedding Gift Registry Balance is less than $20.00 at the time the Wedding Gift Registry Account closes, the Wedding Gift Registry Account owner's account will be considered to be paid in full, and no payment will be issued to the Wedding Gift Registry Account owner by WedCred. Additionally, we charge a fee in the amount of any interest earned on your Gift funds in the Segregated Account as described above in Section 4, which you authorize us to deduct from you Wedding Gift Registry Account at any time after such interest is earned.
7. Trademarks
WedCred, and all related logos, products and services described in this website are either trademarks or registered trademarks of WedCred LLC, or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WedCred.
8. Privacy and Security
We do not sell or rent your personal information to third parties for marketing purposes without your consent. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We may use third parties to verify and certify our privacy principles. Our current Privacy Policy is available here. If you object to your information being used in the manner described in this Agreement and our Privacy Policy, please do not use our Services.
9. Termination of or Closing a Wedding Gift Registry Account
The date your Wedding Gift Registry Account closes is chosen by you when you create your Wedding Gift Registry Account with WedCred. You may change your Wedding Gift Registry Account closure date at any time by logging into your gift registry account and selecting a different date. Your personal WedCred Wedding Gift Registry website will be viewable for ninety (90) days after the close date you have selected for your Wedding Gift Registry Account; however, gifts will no longer be able to be given as of the date you select for your gift registry account to close. You will remain liable for all obligations related to your Wedding Gift Registry Account even after it is closed. In the event that the address you provided to us is no longer accurate, and we are not otherwise able to deliver to you a final check for your Gift funds, such Gift funds will be subject to applicable state laws regarding escheat of unclaimed property.
10. Remedies and Our Right to Collect From You
Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, place a hold on or limit withdrawals of gift funds in your Wedding Gift Registry Account, or indefinitely suspend or close your Wedding Gift Registry Account if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; (d) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (e) your use of your WedCred account is deemed by WedCred, Visa, MasterCard, or Discover to constitute abuse of the credit card system or a violation of credit card rules, including (without limitation), using the WedCred system to test credit card behaviors. Additionally, to secure your performance of this Agreement, you grant to WedCred a lien on and security interest in your Wedding Gift Registry Account. In addition, you acknowledge that WedCred may setoff against any Gift funds you own for any obligation you owe WedCred at any time and for any reason allowed by law. WedCred may consider this Agreement as your consent to WedCred's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
11. Assignment
You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of WedCred. WedCred reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent, and you agree that this Agreement may be automatically assigned by WedCred, in our sole discretion, to a third party in the event of a merger or acquisition.
12. Notices and Electronic Communications
You agree that this Agreement constitutes a "writing signed by you" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you, at your option, either to the physical address registered with your Wedding Gift Registry Account or electronically. Electronic Communications may be posted on the pages within the WedCred website and/or delivered to the email address registered with your Wedding Gift Registry Account.
Any Communications to WedCred shall be given to the email address and physical address displayed in the Contact Us page of our website. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication.
13. The Legal Relationship between You and WedCred.
No Agency Relationship. Except as expressly described in Section 4, above, You and WedCred are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Identity Authentication. As part of our efforts to prevent fraud, we use many techniques to identify Users when they create a Wedding Gift Registry Account (see "Creating a Wedding Gift Registry Account" above) or purchase a gift. You authorize WedCred, directly or through third parties, to make any inquiries we consider necessary to validate your identity and your transactions.
Discontinuation or Suspension of Use. We may, in our sole discretion, at any time and without prior notice:
discontinue transmitting all or any part of the Content related to the Services;
change, discontinue or limit access to the Services or any functionality, feature or other component of the Services; or
suspend or terminate your use of or access to the Services if we reasonably believe you have breached this Agreement.
14. General
The validity, construction and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the Commonwealth of South Dakota, U.S., excluding its conflicts of laws principles, as such laws are applied to agreements entered into and to be performed entirely within South Dakota by South Dakota residents. You expressly agree that the exclusive jurisdiction for any claim or dispute under this Agreement and/or related to your use of the Services resides in the courts located in the Commonwealth of South Dakota, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. The following Sections shall survive any termination or expiration of this Agreement: (2) Limitation of Liability and Indemnification, (4) Creating a Wedding Gift Registry Account and Receiving Gifts, (6) Fees, (9) Termination of or Closing a Wedding Gift Registry Account, (10) Remedies and Our Right to Collect From You, (12) Notices and Electronic Communications, and (14) General.
15. Contacting Us
If you have any questions about this Agreement or our Services, contact us.