Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a legally binding agreement between you and HappyQuince ("we", "us", "our") and govern your access to and use of the HappyQuince website and mobile application (together, the "Service") at happyquince.com.

By creating an account, booking a vendor, or listing a business with us, you confirm that you have read, understood and agree to these Terms, our Privacy Policy, and any additional terms that apply to a specific part of the Service. If you do not agree, do not use the Service.

You confirm you are at least 18 years old and able to enter into a binding contract. If you use the Service on behalf of someone else, you confirm you are authorised to do so and that the person accepts these Terms.

2. What the Service is — and is not

The Service is a marketplace. It helps people find and book vendors for a quince celebration, and helps vendors advertise and manage a business.

HappyQuince is not a party to your booking. This is the most important point in these Terms:

• The contract for the services you receive is between you and the vendor, not between you and us.
• We do not supply the goods or services, do not perform them, and do not control how or when a vendor delivers them.
• We are a facilitator. We pass on your booking request, your message, and your contact details to the vendor, and we pass the vendor's response back to you.
• Our role means we can remove listings, suspend accounts and moderate content. It does not mean we guarantee the other party will show up, or that the event will go as planned.

Because we are not a party to the booking, we are not responsible or liable for the acts or omissions of vendors or customers, for the quality, safety, legality or suitability of anything a vendor offers, for the performance of the services booked, or for any loss or damage you suffer as a result of a booking — to the fullest extent the law allows. Where the law does not let us exclude a right, this does not limit it.

3. Accounts

• You must provide accurate, current information and keep it up to date.
• You are responsible for keeping your password confidential and for everything done using your account. Tell us promptly if you think someone else has accessed it.
• You must be 18 or older to hold an account, and you may not create an account for someone else without their authority.
• One person or business may hold more than one account. We may limit how many accounts a person may operate, and may merge accounts that appear to belong to the same person where this is reasonably necessary to enforce these Terms or protect the Service.
• You may close your account at any time by contacting us. Closing an account does not remove content that is needed to keep the Service consistent, such as a booking record.

4. Your content and licence

You keep ownership of everything you upload or post — your event details, guest lists, messages, booking descriptions, and vendor listings and photos.

You grant us a licence to use that content only to operate the Service and to perform our obligations to the other party. That licence means, in practice:

• we store and display your content to you and to the people it is meant for — for example, a vendor sees the booking you send them, and a customer sees your listing;
• we can reproduce, format and transmit it to display it in the app and on the web; and
• we may show a summary or excerpt of a message to the other party, for example the last message in a conversation list.

This licence ends when you delete the content or close your account, except that we may keep a copy where we need to do so to resolve a dispute, comply with the law, or enforce these Terms.

You confirm you have the right to post what you post, and that posting it does not infringe anyone else's rights. If you upload other people's details — for example guests' names and email addresses — you confirm you have their permission to do so and to share it with us and with the people you choose to share it with.

5. Rules for content

You agree not to use the Service to:

• post or upload anything unlawful, or anything that infringes anyone's intellectual property, privacy or other rights;
• post content that is false, misleading or deceptive, including fake reviews or fabricated availability;
• post sexual, violent, hateful or discriminatory content, or content that exploits or endangers children;
• upload malware, or attempt to gain unauthorised access to the Service, other users' accounts, or any connected system;
• scrape, harvest, or bulk-extract data, or use automated tools to send messages or booking requests without our written permission;
• copy, frame or mirror the Service or its content, or reverse engineer it, except where the law expressly permits this;
• use the Service to harass, abuse or defraud anyone, or to send unsolicited bulk messages.

6. Vendor terms

If you list a business, you agree to these additional terms:

• You must be legally able to do business and must hold any licence or registration your activity requires in your jurisdiction.
• Your listing must be accurate. You are solely responsible for the claims you make, including pricing, availability, qualifications and any photograph you use. You must have the right to use every image you upload.
• You must respond to booking requests and messages in good time, and honour a booking you have confirmed.
• You must not discriminate on any basis, and you must comply with all laws that apply to your business, including consumer protection, tax and licensing rules.
• You are responsible for your own taxes and for pricing your services correctly.
• Certain actions — managing your listing, pricing or answering a request — require an active subscription. Where a feature is locked, you may be charged for subscribing and we may cancel a subscription in line with the plan you chose.
• You may not list a business that you do not actually operate, or list yourself more than once to appear more often in search results.

7. Bookings, payments and cancellation

• A booking request is an offer to book. A contract forms only when the vendor accepts it and confirms the booking.
• HappyQuince does not handle the payment for a booking. Any deposit, balance or final payment is arranged directly between you and the vendor, on terms the vendor sets. Work with the vendor before you pay.
• We may offer paid subscriptions to vendors. Those payments are taken by our payment processor and are separate from any booking; see section 6.
• Where a booking is cancelled, the cancellation, refund and any deposit are matters between you and the vendor. We may mediate a dispute but we do not decide it.
• Prices shown on a listing are indicative and are set by the vendor. A typo or an out-of-date price does not bind the vendor.

8. Reviews and ratings

If you post a review, it must relate to a real booking, be your own genuine experience, and not be offensive or unlawful. We may remove a review that breaks these rules. We do not control what a vendor or customer writes, and we do not endorse any review.

9. Moderation and suspension

We may, at our discretion and without prior notice: remove or edit content that breaks these Terms; hide or unlist a listing; suspend or close an account; and refuse access to anyone we reasonably believe is abusive, fraudulent or acting for a prohibited purpose.

We may do this to protect the Service and its users, or to comply with the law. Where we suspend a vendor account for cause, we will tell you why and give you a reasonable opportunity to respond. Some restrictions — for example removing content that is unlawful or infringes someone's rights — may be immediate and without appeal.

10. Suspension and termination

You may stop using the Service and close your account at any time. We may suspend or terminate access, with or without notice, if you materially breach these Terms, create a risk of harm to others, or if we are required to do so by law. Where we suspend or terminate, we will tell you the reason unless doing so would be unlawful or would compromise someone else's safety.

11. Disclaimers

Except as expressly stated, and to the fullest extent the law allows, the Service is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error-free, or free of viruses; that any listing or content will be accurate or fit for a purpose; or that the Service will be available in every country.

We do not endorse any vendor, and the fact a vendor appears on the Service is not a statement that we have checked, approved or vouch for them. Availability and pricing shown on a listing may change without notice — confirm details with the vendor before relying on them.

Nothing in these Terms excludes or limits any right you have under consumer law that cannot lawfully be waived.

12. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect or consequential loss, or any loss of profit, revenue, data, goodwill or anticipated savings, arising out of or in connection with your use of the Service or of any booking made through it.

To the fullest extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to the Service is limited to 100 USD (or the equivalent in your currency), or the amount you paid us in the 12 months before the event giving rise to the claim, whichever is higher.

Because HappyQuince is not a party to your booking, you agree to pursue any claim about the services you booked, or about a vendor's conduct, against that vendor — not against us.

These limits apply even if we were told about the possibility of the loss. They do not apply where the law does not allow us to limit liability — for example for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded.

13. Indemnity

You agree to indemnify and hold us harmless against claims, losses, damages and reasonable costs arising from your content, your use of the Service, your breach of these Terms, or your violation of anyone's rights — including where that claim is brought by a third party. We will tell you promptly about any such claim and let you take over the defence, but we may still participate to protect our rights.

14. Changes to these terms

We may change these Terms. If a change is significant — for example if it changes how we charge vendors, or your rights — we will give you at least 14 days' notice by email or a clear notice in the app before it takes effect, and we will ask you to accept the new version. Continuing to use the Service after that means you accept the change. You can always accept an earlier version by closing your account first.

15. Severability

If any provision of these Terms is found unenforceable, the rest remains in force. If we do not enforce a provision, that is not a waiver of it, and we may enforce it later.

16. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which our company is registered, without regard to conflict-of-law rules. If you live in the EEA or the UK, you keep the benefit of any mandatory protections and any right to bring proceedings in the courts of your own country.

Before bringing court proceedings, please contact us and try to resolve the problem with us directly. Most disputes can be settled quickly, and we would rather fix a problem than argue about it.

17. General

• These Terms, together with our Privacy Policy, are the entire agreement between us about the Service, and replace any earlier statement about it.
• If you do not live in the EEA or the UK, you may use the Service only if the law of your country allows it.
• We may assign or transfer these Terms, or the Service, as part of a business transfer or reorganisation. This does not reduce your rights.
• You may not assign your rights under these Terms without our written consent.
• If we do not immediately enforce a breach, that is not a waiver. We may enforce it later.
• Headings are for convenience only and do not affect interpretation.

18. Contact

Questions about these Terms can be sent to us using the details on our contact page.