Terms of Use for SmartWeddingPlans.ca

Welcome to SmartWeddingPlans.ca ("Website," "Platform," "Company," "we," "our," or "us"). By accessing or using the Website, including any services, content, features, or vendor listings provided through the Platform (collectively, the "Services"), you ("User," "Couple," "Vendor," or "You") agree to be bound by these Terms of Use ("Terms").

BY ACCESSING ANY PAGE OF THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO REVIEW THESE TERMS AND THAT YOUR CONTINUED USE CONSTITUTES ACCEPTANCE OF ALL PROVISIONS, INCLUDING THE ARBITRATION CLAUSE IN SECTION 15.

If you are using the Services on behalf of a business or entity, you represent and warrant that you have the authority to bind that entity to these Terms. For registered users, a mandatory check-box confirming agreement to these Terms shall be presented during account creation, and no account shall be created without such agreement.

These Terms constitute a legally binding agreement between you and SmartWeddingPlans.ca. If you do not agree to these Terms, you must not access or use the Services. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Services after any changes constitutes acceptance of the revised Terms. Any material changes will be communicated by email or prominent notice on the Website at least 30 days prior to their effective date, as required by applicable Canadian consumer protection laws.

3.1 Eligibility By registering for an account, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement under the laws of your province of residence. Vendors further represent that they are authorized to conduct business in the Province of Ontario and any other jurisdiction where they offer services, and that they hold all required licenses, permits, and insurance.

3.2 Account Registration To access certain features, including Vendor Listings, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information promptly to keep it accurate. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account by emailing vanessa@smartweddingplans.ca.

3.3 Vendor Verification We do not verify Vendor credentials, business licenses, insurance, or professional qualifications. Vendors are solely responsible for the accuracy of their Listing and for maintaining all required licenses and insurance. We may suspend or terminate any Listing that contains false, misleading, or unverifiable information. Vendors acknowledge that misrepresentation may constitute an unfair practice under applicable consumer protection legislation.

4.1 Listing Tiers Vendors may register for one of the following Listing tiers:

4.2 Annual Subscriptions Vendors may prepay for an annual subscription at the following rates:

• Basic Annual: $199.99 (a savings of $39.89 over the monthly rate)
• Premium Annual: $499.99 (a savings of $99.89 over the monthly rate)

Annual subscriptions automatically renew unless cancelled at least 30 days before the renewal date. We will provide a renewal reminder email to the Vendor's registered email address no less than 30 days and no more than 60 days before the renewal date, in compliance with applicable Canadian consumer protection regulations.

4.3 Payment Processing All payments are processed through Stripe, Inc., a third-party payment processor. By subscribing, you authorize us to charge your selected payment method on a recurring basis. We do not store or have access to your full payment credentials. All fees are in Canadian Dollars (CAD) and are non-refundable except as set out in Section 4.3.1 below or as required by applicable law.

4.3.1 Limited Refund Policy Refunds are not provided for partial months, unused features, or voluntary cancellation. However:

• (a) If the Platform is unavailable for more than 72 consecutive hours due to our error, a Vendor may request a pro-rated refund for the affected period.
• (b) If we discontinue the Platform under Section 14.4, paid Vendors will receive a pro-rated refund for the unused portion of their subscription.
• (c) Any other refund request will be considered in our sole discretion.

4.4 Free Listing Limitation Vendors may register for a Free Listing only once. Any attempt to create multiple Free Listings for the same or affiliated business using different email addresses is prohibited and may result in termination of all associated accounts.

4.5 Suspension for Non-Payment If a Vendor's payment method fails or a subscription expires, we reserve the right to immediately suspend the Listing, remove enhanced features, and downgrade the Listing to Free status. Reactivation requires payment of all past-due amounts.

4.6 Cooling-Off Period Under applicable consumer protection legislation (including Ontario's Consumer Protection Act, 2002), if a Vendor enters into a subscription agreement online (a "remote agreement") and the Vendor is an individual (not a corporation), they may have a cooling-off period during which they may cancel the agreement without penalty. Ontario residents have 10 days; Quebec residents have 7 days. A copy of these Terms will be emailed to the Vendor immediately after payment. The cooling-off period begins when that email is sent. To cancel, Vendors must notify us in writing at vanessa@smartweddingplans.ca within the applicable period. Any such cancellation will result in a full refund of any amounts paid.

4.7 Insurance Requirement (All Vendors) All Vendors, whether Free or Paid, must maintain commercial general liability insurance with minimum limits of $2,000,000 per occurrence, naming SmartWeddingPlans.ca as an additional insured. Within 30 days of registering any Listing (Free or Paid), the Vendor must provide a certificate of insurance. Failure to provide such certificate shall result in immediate suspension or removal of the Listing. We may, in our sole discretion, waive this requirement for vendors whose services present no material risk of bodily injury or property damage (e.g., stationery designers, virtual consultants, software providers), but any such waiver must be confirmed in writing. Free Vendors who fail to maintain insurance will have their Listing removed without refund (noting that no fees were paid).

4.8 Vendor-Couple Dispute Resolution Requirement Each Vendor agrees, as a condition of maintaining a Listing, to include in any written contract with a Couple (or to otherwise agree in writing with the Couple) that:

• (a) Any dispute arising from the Vendor's services shall be resolved through binding arbitration administered by the ADR Institute of Canada (ADRIC) in Toronto, Ontario, unless the Couple is a Quebec resident (in which case Quebec law governs and the Couple retains their rights under the Consumer Protection Act (Quebec));
• (b) The Vendor's total liability to the Couple shall not exceed the amount paid by the Couple to the Vendor, except in cases of gross negligence or willful misconduct;
• (c) SmartWeddingPlans.ca is not a party to the Vendor-Couple contract and has no liability whatsoever for the Vendor's services.

Failure to include these provisions in a Vendor's contract shall be a material breach of these Terms, and SmartWeddingPlans may suspend or terminate the Vendor's Listing upon 7 days' written notice to cure.

5.1 Pricing Changes

• (a) We may increase subscription fees for new subscriptions at any time without notice.
• (b) For existing renewals, we will provide at least 30 days' written notice of any fee increase to the Vendor's registered email address.
• (c) Price increases will not take effect during a Vendor's active paid subscription term.
• (d) If a Vendor does not accept the new fee for a renewal, they may cancel their subscription before the renewal date without penalty.
• (e) For any questions about pricing updates, please contact us at vanessa@smartweddingplans.ca.

6.1 Content Ownership You retain all ownership rights to Content you submit. By submitting Content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute your Content for the purpose of operating the Platform and promoting our Services. This license terminates within 30 days after you remove your Listing or close your account, except that:

• (a) We may retain archival copies for legal compliance, dispute resolution, or fraud investigation purposes.
• (b) We will not use a former Vendor's Content for promotional purposes after termination.
• (c) Content that has been displayed publicly may remain in cached or archived copies outside our control.
• (d) Removal of Content: Upon termination, we will remove your Content from active display on the Platform within 30 days. Within 7 days of termination, we will submit a removal request to Google via its Search Console "Removals" tool and to Bing via its URL removal tool. We do not guarantee that third-party search engines, archiving services (including the Wayback Machine), or user-controlled caches will delete your Content, and we are not responsible for their failure to do so. We will not be liable for any third-party retention of your Content.

6.2 Content Standards You represent and warrant that all Content you submit:

• Is accurate, truthful, and not misleading;
• Does not infringe any third-party intellectual property, privacy, or publicity rights;
• Is not defamatory, obscene, harassing, discriminatory, or otherwise objectionable;
• Complies with all applicable Canadian federal and provincial laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), the Competition Act, and applicable provincial consumer protection legislation.

6.3 Prohibited Content Vendors are strictly prohibited from submitting:

• Nudity, sexually explicit material, or violence;
• Hate speech, racial slurs, or discriminatory language;
• False or misleading pricing, availability, or qualifications;
• Links to websites containing any of the above.

6.4 Content Moderation All Content is subject to review prior to publication. We reserve the right, in our sole discretion, to reject, edit, or remove any Content that violates these Terms or is otherwise inappropriate. We are not obligated to provide notice of rejection or removal but will make reasonable efforts to inform Vendors of the reason for rejection.

6.5 Data Protection Vendors agree not to copy the layout, code, or proprietary database structure of SmartWeddingPlans.ca for the purpose of creating a competing platform. Vendors remain free to use their own photos, business information, and descriptions on any other website. Violation of this term may result in immediate account termination and legal action for breach of contract.

7.1 User Accounts Couples may browse Vendor Listings without an account but must provide contact information to inquire with Vendors. By submitting an inquiry, you consent to being contacted by the Vendor and by us.

7.2 No Guarantee of Results We do not guarantee that any Vendor will respond to inquiries, that any services will be performed, or that any particular outcome will result from using the Platform. Couples are solely responsible for vetting Vendors, negotiating contracts, and verifying credentials.

7.3 Prohibited Conduct Users and Vendors agree not to:

• Use the Platform for any unlawful purpose;
• Harass, abuse, or threaten any other user;
• Post false or misleading reviews;
• Off-Platform Booking Fee: Attempt to arrange transactions outside the Platform with the intent to avoid applicable fees. If a Vendor first connects with a Couple through the Platform (evidenced by an inquiry message sent through our system) and the Vendor subsequently provides services to that Couple without maintaining an active paid subscription, the Vendor agrees to pay SmartWeddingPlans a fee of $49.99 per such booking (for Basic-equivalent features) or $99.99 per booking (for Premium-equivalent features), representing the minimum subscription fees that would have been payable for a three-month period. Both parties acknowledge that actual damages would be difficult to calculate and that this amount is a reasonable estimate, and confirm that it is a genuine pre-estimate of lost subscription revenue, not a penalty. Alternatively, at our sole discretion, we may suspend or terminate the Vendor's account instead of demanding payment;
• Scrape, crawl, or harvest data from the Platform without express written permission.

7.4 No Agency or Partnership Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and SmartWeddingPlans. Vendors are independent contractors. SmartWeddingPlans is not a party to any agreement between couples and vendors and shall not be liable for any vendor's acts, omissions, or performance.

8.1 Review Submission Couples may submit reviews of Vendors after an interaction or wedding. Reviews must be truthful, based on actual experience, and not submitted by the Vendor or their affiliates.

8.2 Review Moderation All reviews are subject to approval. We reserve the right to reject or remove reviews that are:

• Not based on a genuine interaction;
• Defamatory, abusive, or contain profanity;
• Irrelevant to the Vendor's services;
• Posted in exchange for compensation.

8.3 No Endorsement Reviews and ratings reflect the opinions of individual users and do not constitute an endorsement by us. We do not verify the accuracy of reviews and are not liable for any reliance placed on them.

8.4 Vendor Restrictions Vendors agree not to publicly disclose private information about couples in response to a review, or to post retaliatory or defamatory content about any couple. Any such violation may result in immediate suspension or termination of the Vendor's Listing.

9.1 Our IP The Platform, including its design, layout, code, graphics, logos, and text (excluding Vendor Content), is the exclusive property of SmartWeddingPlans.ca and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

9.2 Trademarks "SmartWeddingPlans," "SmartWeddingPlan," and associated logos are our trademarks. You may not use them without our prior written consent.

9.3 Image Ownership All images uploaded to SmartWeddingPlans.ca remain the property of the Vendor who uploaded them (or their licensors). Copying, downloading, or reproducing images from this Platform for commercial use or republication on another website without the Vendor's permission is prohibited. Taking a screenshot for personal, non-commercial reference (e.g., saving a photo to show a spouse) is not a violation of these Terms.

9.4 No Scraping of Others' Images – Liquidated Damages Vendors agree not to copy, download, or reproduce any image from the Platform that belongs to another Vendor or to SmartWeddingPlans (e.g., logos, stock photography) for commercial use on another website. Nothing in this section restricts a Vendor's use of their own uploaded images.

Any Vendor who violates this section agrees to pay SmartWeddingPlans $500 per image copied as liquidated damages, plus $500 per day that the infringing image remains publicly visible after written notice. Both parties acknowledge that actual damages would be difficult to calculate and that this amount is a reasonable estimate, and confirm that it is a genuine pre-estimate of loss, not a penalty. SmartWeddingPlans shall have the right to enforce this provision on behalf of the affected Vendor as a third-party beneficiary, or the affected Vendor may enforce their own copyright independently.

9.5 Reporting Infringing Content (Notice-and-Takedown) If you believe that any Content on the Platform infringes your copyright, trademark, or other intellectual property rights, or violates your privacy or publicity rights, you may submit a written notice to our designated agent at vanessa@smartweddingplans.ca. Your notice must include: (a) your contact information; (b) a description of the copyrighted or protected work you claim has been infringed; (c) the URL or location of the infringing Content on the Platform; (d) a statement that you have a good-faith belief that the use is not authorized; and (e) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the rights holder or authorized to act on their behalf. Upon receipt of a valid notice, we will expeditiously remove or disable access to the infringing Content and, where appropriate, notify the affected Vendor. We reserve the right to terminate the accounts of repeat infringers. Making a knowingly false or bad-faith takedown request may result in liability under applicable law.

10.1 Nature of AI Advice SmartWeddingPlans.ca offers an AI-powered chatbot assistant ("AI Assistant") as a convenience feature. The AI Assistant is a general-purpose AI tool designed to provide informational responses about wedding planning topics. ALL RESPONSES GENERATED BY THE AI ASSISTANT ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND, INCLUDING BUT NOT LIMITED TO LEGAL, FINANCIAL, MEDICAL, OR CONTRACTUAL ADVICE.

10.2 No Liability for AI Responses TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTWEDDINGPLANS.CA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, HARM, OR CONSEQUENCE OF ANY KIND ARISING FROM YOUR RELIANCE ON, OR USE OF, ANY INFORMATION, SUGGESTION, OR RESPONSE PROVIDED BY THE AI CHATBOT. THIS INCLUDES, WITHOUT LIMITATION, DECISIONS MADE ABOUT VENDORS, CONTRACTS, BUDGETS, TIMELINES, OR ANY OTHER WEDDING-RELATED MATTER.

10.3 No Guarantee of Accuracy The AI assistant may produce inaccurate, incomplete, outdated, or misleading responses. We do not review, verify, or endorse the content of individual AI responses. You acknowledge that AI technology has inherent limitations and that responses may not reflect current laws, market conditions, or best practices.

10.4 Your Responsibility You are solely responsible for independently verifying any information provided by the AI assistant before relying on it to make decisions. We strongly encourage you to consult qualified professionals (e.g., wedding planners, lawyers, financial advisors) for specific advice.

10.5 No Professional Relationship Your interaction with the AI assistant does not create any professional, advisory, fiduciary, or contractual relationship between you and SmartWeddingPlans.ca or its owner(s).

10.6 Mandatory Acknowledgment and Consent The first time any user (whether registered or not) initiates a conversation with the AI Assistant, a modal dialogue box shall appear requiring the user to click a button stating:

"I UNDERSTAND THAT THIS AI MAY MAKE MISTAKES, THAT SMARTWEDDINGPLANS DOES NOT VERIFY ANY AI-GENERATED INFORMATION, AND THAT I WILL INDEPENDENTLY VERIFY ALL ADVICE. I AGREE THAT SMARTWEDDINGPLANS HAS NO LIABILITY FOR ANY AI RESPONSES."

The user may not proceed to use the AI Assistant without clicking this button. For registered users, this acknowledgment shall be recorded in their account file and deemed renewed each login session. For unregistered users, a session cookie shall record the acknowledgment for the duration of the browsing session. SmartWeddingPlans.ca shall retain a log of each such acknowledgment (including timestamp and IP address) for a minimum of two years.

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY VENDOR CONTENT OR SERVICES;
• WARRANTIES THAT CONTENT WILL BE PRESERVED INDEFINITELY. VENDORS AND USERS ARE SOLELY RESPONSIBLE FOR MAINTAINING THEIR OWN BACKUPS OF IMAGES, BUSINESS INFORMATION, AND OTHER CONTENT SUBMITTED TO THE PLATFORM.

WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACTIONS, PERFORMANCE, OR SERVICES OF ANY VENDOR. ANY INTERACTION BETWEEN COUPLES AND VENDORS IS SOLELY BETWEEN THE PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMARTWEDDINGPLANS.CA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY:

• DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM ANY VENDOR SERVICES;
• DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

NOTHING IN THIS SECTION SHALL LIMIT LIABILITY FOR FRAUD, DEATH, OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL SMARTWEDDINGPLANS BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY VENDOR'S SERVICES, INCLUDING, WITHOUT LIMITATION, FAILURE TO PERFORM, BREACH OF CONTRACT, NEGLIGENCE, OR PERSONAL INJURY. COUPLES ACKNOWLEDGE THAT THEY ARE SOLELY RESPONSIBLE FOR VETTING VENDORS AND ENTERING INTO THEIR OWN CONTRACTS.

SMARTWEDDINGPLANS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY VENDOR LISTING, PHOTOGRAPH, REVIEW, OR OTHER CONTENT ON THE PLATFORM. ALL CONTENT IS PROVIDED 'AS IS' AND 'AS AVAILABLE'.

12.1 Vendor Liability Carve-Back Notwithstanding the foregoing, nothing in this Section 12 limits any Vendor's indemnification obligations under Section 13.2, and any liability found against SmartWeddingPlans arising from a Vendor's acts or omissions shall be recoverable from that Vendor in full.

13.1 Your Indemnification of SmartWeddingPlans You agree to indemnify, defend, and hold harmless SmartWeddingPlans.ca and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Platform;
• Your violation of these Terms;
• Any Content you submit;
• Your interactions with other users, including any disputes with Vendors or Couples;
• Any violation of law by you.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

13.2 Vendor Indemnification of SmartWeddingPlans Each Vendor agrees to indemnify, defend, and hold harmless SmartWeddingPlans.ca and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• (a) The Vendor's services provided to any Couple;
• (b) Any breach of contract, negligence, or willful misconduct by the Vendor;
• (c) Any inaccurate, misleading, or fraudulent information in the Vendor's Listing;
• (d) Any injury, loss, or damage caused by the Vendor's goods or services;
• (e) The Vendor's failure to maintain required licenses or insurance as represented in Section 3.1.

14.1 Termination by You You may terminate your account at any time by contacting us at vanessa@smartweddingplans.ca or deleting your account through your dashboard. Paid subscriptions are non-refundable upon termination except as set out in Section 4.3.1 or as required by applicable consumer protection legislation.

14.2 Termination by Us We reserve the right, in our sole discretion, to suspend or terminate your account and access to the Platform at any time, without notice or liability, for any reason, including:

• Violation of these Terms;
• Submission of false or misleading Content;
• Non-payment of subscription fees;
• Conduct that we deem harmful to other users or our business interests.

14.3 Effect of Termination Upon termination, your Listing will be removed from the Platform, and you will lose access to your account. Sections 6.1 (Content License), 10 (AI Disclaimer), 11 (Disclaimer), 12 (Liability), 13 (Indemnification), and 15 (Governing Law and Dispute Resolution) shall survive termination.

14.4 Right to Discontinue Platform We may discontinue the Platform entirely at any time with 90 days' written notice to all active Vendors and Users. In such event, paid Vendors will receive a pro-rated refund for the unused portion of their subscription as set out in Section 4.3.1(b).

15.1 Governing Law – General These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

15.2 Mandatory Arbitration (General) For all users except Quebec residents as provided in Section 15.4: Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be referred to and finally resolved by private arbitration administered by the ADR Institute of Canada (ADRIC) in accordance with its Arbitration Rules. The arbitration shall be conducted in Toronto, Ontario, before a single arbitrator appointed by ADRIC. The language of the arbitration shall be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall bear its own costs and legal fees, except that the arbitrator may award legal fees to the prevailing party if the arbitrator finds that the other party acted in bad faith or brought a frivolous claim.

Exception: Either party may bring a claim in small claims court (in Toronto, Ontario, or the user's local small claims court if outside Ontario but within Canada) if the amount in dispute does not exceed the court's jurisdictional limit, instead of proceeding with arbitration.

15.3 Class Action Waiver (General) To the maximum extent permitted by applicable law, you agree to resolve disputes with us on an individual basis and waive any right to participate in a class action or representative proceeding. This waiver applies only where permitted by the consumer protection legislation of your province of residence; where not permitted, it does not apply and you retain your rights under that legislation.

15.4 Quebec Residents – Special Provisions If you are a resident of Quebec, the following provisions apply notwithstanding anything to the contrary in these Terms:

• (a) Language. A French version of these Terms is available at www.smartweddingplans.ca/termes-fr. In the event of any conflict between the English and French versions, the French version shall prevail for Quebec residents.
• (b) Governing Law. These Terms shall be governed by the laws of the Province of Quebec and applicable federal laws of Canada, including the Consumer Protection Act (Quebec) and the Civil Code of Québec.
• (c) Cooling-Off Period. Quebec residents have a 7-day cooling-off period for distance contracts, not the 10-day period referenced elsewhere in these Terms. Notice of cancellation must be provided in accordance with the Consumer Protection Act (Quebec).
• (d) Arbitration. The arbitration provision in Section 15.2 does not apply to Quebec residents to the extent it conflicts with Quebec law. Quebec residents retain their right to bring an action before the courts of their judicial district.
• (e) Legal Warranty. Nothing in these Terms limits the legal warranty of quality provided by the Civil Code of Québec (articles 37 to 54).
• (f) Right to Information. Quebec residents have the right to obtain information about the terms and conditions of the contract, including the price, payment terms, and delivery arrangements.

Any claim arising from these Terms or your use of the Platform must be commenced within one (1) year after the cause of action accrues; otherwise, such claim is permanently barred. For Quebec residents, this limitation applies only to the extent permitted by the Civil Code of Québec.

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, pandemics, cyberattacks, ransomware, network infrastructure failures, strikes, government actions, or any other event reasonably beyond our control.

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SmartWeddingPlans.ca regarding your use of the Platform.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

21.1 Program Overview The SmartWeddingPlans Referral Program ("Program") allows Vendors to refer clients to other Vendors within the SmartWeddingPlans vendor network and earn a commission on successful bookings. Participation in the Program is voluntary. Vendors may opt in or out at any time through their dashboard settings. By participating in the Program, Vendors agree to be bound by the Referral Program Terms and Conditions presented at the time of enrollment, which are incorporated herein by reference.

21.2 Eligibility To participate, Vendors must have an active, approved listing on SmartWeddingPlans. Vendors must be at least 18 years old and legally authorized to provide wedding services in their jurisdiction. Vendors must comply with all applicable laws, including anti-spam regulations, when referring clients.

21.3 Referral Process A "Referral" occurs when a Vendor (the "Referring Vendor") uses the SmartWeddingPlans platform to refer a specific client (the "Referred Client") to another Vendor (the "Referred Vendor"). The referral must be made through the SmartWeddingPlans platform using the designated referral tools. The Referred Client must be a new client for the Referred Vendor (not an existing client or previous inquiry). The Referring Vendor and Referred Vendor must not have a pre-existing written or oral agreement regarding referrals for the specific Referred Client at the time the referral is made.

21.4 Commissions Commissions are negotiated and agreed upon directly between the Referring Vendor and the Referred Vendor. The standard commission rate is 5–10% of the final booked service value, or a fixed dollar amount as agreed by the parties. Commission is only payable if the Referred Client books services with the Referred Vendor and only after the Referred Client has made final payment for the booked services. If the Referred Client cancels the booking before final payment, no commission is payable. Both parties must agree in writing (via the SmartWeddingPlans platform) on the commission amount before the referral is finalized.

21.5 Automated Commission Tracking SmartWeddingPlans provides an automated commission tracking system that documents and monitors the commission lifecycle. When a Referred Vendor confirms a booking by entering the booking date and value through the platform, the commission amount is automatically calculated based on the agreed commission rate. This system is provided for documentation and tracking purposes only and does not process, collect, hold, or disburse any commission payments. All commission payments remain the sole responsibility of the Referring Vendor and Referred Vendor to arrange directly between themselves.

21.6 Commission Statuses and Lifecycle Each confirmed commission is assigned a status that reflects its current stage in the payment lifecycle: (a) "Pending" – the booking has been confirmed and the commission is awaiting payment; (b) "Paid" – the Referred Vendor has confirmed through the platform that the commission has been paid directly to the Referring Vendor; (c) "Overdue" – the commission has passed its 30-day payment due date without being marked as paid; and (d) "Disputed" – either party has filed a dispute regarding the commission. SmartWeddingPlans tracks these statuses for record-keeping purposes only and does not adjudicate or enforce payment.

21.7 Payment Due Date and Overdue Tracking Each commission is assigned a 30-day payment due date calculated from the date the Referred Vendor confirms the booking. SmartWeddingPlans conducts an automated daily check to identify commissions that have passed their due date. Commissions past their due date are automatically flagged as "Overdue," and the Referred Vendor receives an automated reminder email. This overdue tracking is provided as a convenience to help vendors manage their commission obligations and does not constitute a demand for payment or a collection effort by SmartWeddingPlans.

21.8 Automated Email Notifications By participating in the Program, Vendors consent to receiving automated email notifications at various stages of the referral and commission lifecycle, including: (a) when a referral is sent; (b) when a referral is accepted or declined; (c) when a booking is confirmed with commission details; (d) when a commission is marked as paid; (e) when a dispute is filed; and (f) when a commission becomes overdue. These notifications are system-generated for tracking and convenience purposes only.

21.9 Commission Tiers SmartWeddingPlans may assign commission tiers to Referring Vendors based on the number of confirmed booked referrals sent through the platform. Tier levels (Bronze, Silver, and Gold) may correspond to different commission rate ranges. Tiers are displayed in the vendor dashboard for informational purposes and do not override any commission rate specifically agreed upon between the Referring Vendor and Referred Vendor for an individual referral.

21.10 Commission History and Data Export Vendors may access their full commission history through the Commission Tracking tab in their dashboard, including the ability to filter by status and export records to CSV format. This data is provided for the Vendors' own accounting and record-keeping purposes. SmartWeddingPlans is not responsible for the accuracy of commission records if Vendors fail to confirm bookings or mark payments through the platform.

21.11 Transparency and Disclosure Both the Referring Vendor and the Referred Vendor will have access to view the referral record, including the commission amount, booking details, payment due date, and commission status. Vendors are responsible for disclosing referral relationships to their clients where required by law or professional ethics. SmartWeddingPlans is not a party to any commission agreement between Vendors and does not collect or disburse commission payments.

21.12 Disputes Either the Referring Vendor or the Referred Vendor may file a dispute through the platform regarding a commission. Filing a dispute through the platform creates a documented record with a description and timestamp, and both parties receive an automated email notification. SmartWeddingPlans is not responsible for mediating, adjudicating, or resolving any commission disputes. All disputes must be resolved directly between the Vendors. The dispute tracking feature is provided solely for documentation purposes.

21.13 Prohibited Activities Vendors must not: (a) make false or misleading representations about the Referred Vendor's services; (b) engage in spamming or unsolicited commercial communications to generate referrals; (c) refer clients who are not genuinely interested in the Referred Vendor's services; (d) have a pre-existing agreement to circumvent SmartWeddingPlans referral tracking; (e) refer themselves or their own business to earn commissions; (f) confirm a booking with an inaccurate or inflated booking value for the purpose of manipulating commission calculations; or (g) mark a commission as paid without having actually made the payment to the Referring Vendor.

21.14 Termination of Program Access SmartWeddingPlans reserves the right to suspend or terminate a Vendor's participation in the Program at any time, with or without cause. Any abuse of the Program, including the automated commission tracking system, may result in immediate termination and forfeiture of any earned commissions. Vendors may opt out of the Program at any time through their dashboard settings.

21.15 Disclaimer SmartWeddingPlans provides the referral platform and automated commission tracking tools "as is" and does not guarantee the number or quality of referrals. SmartWeddingPlans is not responsible for any disputes between Vendors regarding referrals or commissions. SmartWeddingPlans does not endorse or guarantee the services of any Vendor in the Program. SmartWeddingPlans does not take a cut of any commission; all commissions are paid directly between Vendors. The automated commission tracking system, including commission calculation, status tracking, overdue detection, and email notifications, is provided for documentation and convenience purposes only and does not constitute a payment processing service, a collection service, or a legal obligation on the part of SmartWeddingPlans to ensure payment is made.

21.16 Modifications to Program Terms SmartWeddingPlans reserves the right to modify these Program Terms at any time with 30 days' written notice. Continued participation in the Program after modifications constitutes acceptance of the updated Terms.

21.17 Governing Law These Program Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, consistent with Section 15 of these Terms of Use.

22.1 Contract Management Disclaimer SmartWeddingPlans provides contract management tools, templates, and e-signature functionality for informational and convenience purposes only. These tools are provided "as is" without warranty of any kind. SmartWeddingPlans is not a law firm, does not provide legal advice, and does not review, validate, or endorse any contracts created through its platform. Vendors are solely responsible for ensuring their contracts comply with applicable laws and for obtaining any necessary legal advice. SmartWeddingPlans is not a party to any contract between vendors and couples. SmartWeddingPlans does not mediate disputes, enforce contracts, or take responsibility for breaches, cancellations, or dissatisfaction with services rendered.

22.2 E-Signature Disclaimer E-signatures collected through SmartWeddingPlans are provided for convenience only. SmartWeddingPlans does not guarantee the legal validity or enforceability of e-signatures collected through its platform. Vendors should consult with legal professionals to ensure their e-signature practices comply with applicable laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial electronic commerce legislation.

22.3 Limitation of Liability for Contracts To the maximum extent permitted by law, SmartWeddingPlans shall not be liable for any claims, damages, losses, or legal consequences arising from contracts created, sent, or signed through its platform, including but not limited to disputes, breaches, cancellations, or dissatisfaction with services. Vendors acknowledge that SmartWeddingPlans is a platform provider only and that all contractual obligations are solely between the vendor and the couple.

22.4 AI-Generated Contracts Contracts generated using the AI-assisted contract creation tool are produced by a general-purpose AI model and may contain errors, omissions, or clauses that are not appropriate for the vendor's specific circumstances. SmartWeddingPlans does not review or verify AI-generated contract content. Vendors must review and customize all AI-generated contracts before use and are strongly encouraged to consult with a legal professional.

22.5 Contract Templates Pre-made contract templates provided by SmartWeddingPlans are provided for informational purposes only. SmartWeddingPlans does not guarantee that any template is legally binding, complete, or suitable for any particular business or jurisdiction. Vendors should have all templates reviewed by a legal professional before use.

22.6 Uploaded Contracts Vendors who upload their own contract files are solely responsible for the content, legality, and enforceability of those documents. SmartWeddingPlans does not review, store, or take responsibility for the content of uploaded contracts beyond providing storage for vendor convenience.

22.7 Contract Reporting and Flagging Vendors may flag problematic contracts through the platform's flagging feature. Flagged contracts are reviewed by SmartWeddingPlans for platform policy compliance only and not for legal adequacy. SmartWeddingPlans reserves the right to remove or restrict access to contracts that violate these Terms.

For questions about these Terms, to exercise your cooling-off rights, or to report a dispute, please contact us:

For Quebec residents: Pour toute question ou réclamation, veuillez nous contacter à l'adresse courriel ci-dessus. Une version française de ces conditions est disponible sur demande.