TERMS & CONDITIONS

 

TERMS & CONDITIONS

  1. CONSUMER AGREEMENT

1.1       This agreement is between you and My Wedding Wish Limited (ABN 68 613 050 105) (“My Wedding Wish”) and represents the Terms of Service.

1.2       By visiting and/or using the My Wedding Wish website (the “Website”) and/or applying to use the My Wedding Wish services (the “Wedding Services”) you agree to be bound by the terms of this agreement (“Agreement”).

1.3       If you do not agree to the terms and conditions set out in this Agreement, you must not use the Website or apply for the Wedding Services (together the “Service”).

1.4       My Wedding Wish reserves the right to amend, vary, modify and/or replace this Agreement at any time, and from time to time, and such amendment, variation, modification and/or replacement shall be effective immediately upon posting to the Website. Your continued use of the Service(s) shall be deemed to be your acceptance of any amendments to this Agreement.

2.         CHANGING OR DISCONTINUING THE SERVICE

2.1       You agree that My Wedding Wish reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, My Wedding Wish may provide notice of any such changes to the Service by posting them on the Website and/or via the applicable service. You agree that My Wedding Wish shall not be liable to you or any third party for any modification, suspension or cessation of the Service. You acknowledge that My Wedding Wish has no express or implied obligation to provide, or continue to provide, the Service to you, or any part thereof, now or in the future.

 

  1. USE OF THE SERVICES

3.1       My Wedding Wish may impose certain limitations on the use of the Service with or without notice to you, including, but not limited to, imposing expiration dates on campaigns and/or applications for the Wedding Services, and removing content from the Service. You agree to use the Service only for purposes as permitted under this Agreement and any applicable law or regulations. You agree to refrain from doing any prohibited acts as set out in this Clause 3.

3.2       You agree that you will not use the Services to:

(a)   stalk, harass, threaten, intimidate or harm another;

(b)  pretend to be anyone, or any entity, you are not, you will not impersonate or misrepresent yourself as another person, entity, a My Wedding Wish employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity;

(c) engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or non-disclosure agreement or otherwise;

(d) use, distribute, reproduce or commercialise any content from the Service except as permitted by this Agreement, by law, and with prior written agreement from My Wedding Wish;

(e) transmit or distribute any unsolicited advertising, promotional material or other forms of solicitation in connection with your use of the Service without the prior written agreement of My Wedding Wish;

(f)   access (or attempt to access) any part of the Website or Mobile App by any means other than through the interface provided by My Wedding Wish;

(g) engage in any activity which disrupts or interferes with the Service or the servers and networks that host the Service;

(h) interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or breach any policies, requirements or regulations of networks connected to the Service (including gaining unauthorised access to, use or monitoring of data or traffic thereon); or

(j) plan or engage in any potentially fraudulent, illegal or offensive activity.

 

4.         PROPRIETARY RIGHTS

4.1       You acknowledge and agree that My Wedding Wish and/or its licensors own all legal right, title and interest in the Services including the Website and the Wedding Services, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Services, and any other part thereof contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

4.2       You agree and acknowledge that all content on the Website is owned or licenced by My Wedding Wish. You may view the content using most web browsers and My Wedding Wish authorises you to make a single copy of such content for your own personal and non-commercial use. You must not otherwise copy, distribute, modify, or use any of the content except as permitted by law or with the express prior written approval of My Wedding Wish.

4.3       You agree that you may not modify the paper or digital copies of any material you have printed off or downloaded from the Website, and you may not use any illustrations, photographs, video or audio, graphics, or any other content of part thereof without the express written approval of My Wedding Wish.

4.4       Nothing in this Agreement provides you with the right to copy, use, including but not limited to, any digital content, trademarks, marketing material, logos, domain names, and brands, unless otherwise agreed in writing by My Wedding Wish.

4.5       By posting any information to or using the Website you warrant to My Wedding
Wish that you have the legal right to do so, and you licence My Wedding Wish to
use that content for any purpose now or in the future. Whilst My Wedding Wish
does not claim ownership of any content submitted by you, if you do correspond
or otherwise communicate or deal with My Wedding Wish through the Services,
then you automatically grant My Wedding Wish an irrevocable, perpetual, non-
exclusive, royalty-free, world-wide licence to use, replicate, display, broadcast
and distribute the content of that correspondence, communication, graphics,
video and the like.

 

5.         MY WEDDING WISH PRIVACY POLICY

5.1       You understand that by using the Service, you consent and agree to the collection, processing and use of personal data about you and information about your use of the Service in accordance with My Wedding Wish’s Privacy Policy, which is incorporated into, and forms an integral part of, this Agreement. By using the Services you acknowledge that you accept the terms of this Agreement and the terms of My Wedding Wish’s Privacy Policy.

5.2       You acknowledge that you have read and understood My Wedding Wish’s Privacy Policy and agree that all information and data collected by My Wedding Wish in connection with the Service, or any future service of My Wedding Wish, and this Agreement is subject to the My Wedding Wish Privacy Policy.

5.3       Should My Wedding Wish be purchased by or assigned to a third party, you understand and grant My Wedding Wish the right to transfer any personal information that My Wedding Wish has in relation to you to the third party. My Wedding Wish will not be required to obtain your consent or notify you.

 

6.         ACCESS

You acknowledge and agree that My Wedding Wish may access, use, preserve and/or disclose your My Wedding Wish information if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:

(i)    comply with legal process or request;

(ii)   enforce this Agreement, including investigation of any potential violation thereof;

(iii) detect, prevent or otherwise address security, fraud or technical
issues; or

(iv) protect the rights, property or safety of My Wedding Wish, its users or the public as required or permitted by law.

Please refer to My Wedding Wish’s Privacy Policy for more information.

 

  1. DONATIONS

7.1       By donating to My Wedding Wish, whether by cash or as a supplier of services (“Supplier”), you agree to these Terms and Conditions, and to our refund policy (“Donation”).

7.2       We will issue you with a receipt within xx days of receipt of a cash donation.

7.3       You understand that donations above $2.00 are tax deductible.

 

  1. REFUNDS

8.1       To the extent permissible by law, My Wedding Wish will not refund, exchange, or redeem for cash any Donation. My Wedding Wish will only refund or exchange a Donation in circumstances where My Wedding Wish has made a fundamental error or mistake.

 

9.         LINKING TO THE MY WEDDING WISH WEBSITE

9.1       My Wedding Wish permits and encourages text links to content on the Website, however you agree that that:

  1. a) you notify My Wedding Wish in advance of creating that link;
  2. b) any text only link must clearly be identified as My Wedding Wish;
  3. c) links should be checked regularly to ensure that there are no broken or
    irrelevant links;
  4. d) the appearance, position, or any other aspects of the link or the host website
    must not be such as to damage or dilute the good reputation of My Wedding
    Wish and its intellectual property including trademarks; and
  5. e) you must not frame our Website on any other website.

 

  1. LINKING TO OTHER WEBSITES

10.1     Where the My Wedding Wish Website links to other websites and resources provided by and from third parties, these links are provided for information only. My Wedding Wish has no control over the content of those third party sites or resources, and accept no liability or responsibility for them or for any loss and/or damage that may arise from your use of them. Links on the Website do not indicate that My Wedding Wish in any way endorse the linked sites.

 

  1. LIABILITY

11.1     Statutory warranties contained in consumer protection law and any other relevant legislative provisions are implied into this Agreement. Nothing in this Agreement is intended to restrict those implied warranties, and this Agreement must be read subject to those relevant statutory provisions.

11.2     Subject to Clause 11.1 above you understand and agree that My Wedding Wish will not be liable and does make any warranties in relation to the following:

(a)     My Wedding Wish will not be liable for any loss or damage, including for negligence, breach of contract, or tort and including any form of consequential loss including but not limited to any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, economic loss, and the like, whether caused directly or indirectly in connection with your use of the Service.

(b)    My Wedding Wish does not make any warranties in relation to any goods and/or services, material or content supplied by any Supplier, or third party in connection with the Service.

(c)     All information, content, comments, photos, files, images, sounds and the like posted on or transmitted through or linked from the Website or in connection with the Services are the sole responsibility of the person who provided same.

(d)     My Wedding Wish will not be liable should corruption or damage to your computer system, tablet, mobile phone, mobile handset or other device occur in connection with the use of the Website. You understand that it is your sole responsibility to ensure that any links or the like which you select to use from the Website or the Mobile App are free from viruses or any other items which may interfere with, corrupt or damage or affect the operation of your computer system, tablet, mobile phone or other device.

 

 

  1. INDEMNITY

You will at all times indemnify, and keep indemnified, My Wedding Wish, its directors, officers, employees, agents and related companies and bodies corporate from and against any loss (including legal costs and expenses on a full indemnity basis) or any liability incurred or suffered by you or by My Wedding Wish arising from any claim, demand, suit, action or proceeding by any person against yourself or My Wedding Wish where such liability arose out of, in connection with and/or through your use of the Service, and/or your conduct or breach of this Agreement.

 

  1. GENERAL

13.1     Nothing in this Agreement creates a partnership, employment relationship, or agency relationship between you and My Wedding Wish.

13.2     You agree that My Wedding Wish will not be held liable for any delay in fulfilling its obligations under this Agreement if such a delay is caused by an act of God, act of terrorism, revolution, civil strife, industrial or legal action, fire, flood, storm, war, disaster, plague or epidemic, delay in transportation, internet or wireless connectivity, or telecommunication availability, delay by any third party, or any other cause outside My Wedding Wish’s control.

13.3     You agree that certain technical difficulties or maintenance, may from time to time, result in temporary interruptions. My Wedding Wish reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice.

13.4     This Agreement is governed by and must be construed in accordance with
the laws of Queensland, Australia. The parties submit to the non-
exclusive jurisdiction of the Courts of Queensland in respect of all matters or
things arising out of this Agreement.

13.5     Each party represents, warrants to and covenants with the other that it has
full power to enter into and perform its obligations under this Agreement and
this Agreement constitutes valid and binding obligations of that party
enforceable in accordance with its terms.

13.6     To the extent of the provision of any goods and/or services by My Wedding Wish
(if any) it shall be deemed on a tax inclusive basis.

13.7     This Agreement together with the My Wedding Wish Privacy Policy constitutes
the full terms and conditions agreed to between you and My Wedding Wish and
supersedes any prior arrangements. You agree and acknowledge that in
accepting the terms and conditions of this Agreement you have not done so in
reliance upon any oral or written representations made by My Wedding Wish with
the exception of those contained or referenced in this Agreement and the My
Wedding Wish Privacy Policy.

13.8     If any provision of this Agreement offends any law applicable to it and is as a
consequence illegal, invalid or unenforceable then:

(a)        where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve the result; and

(b)        in any other case the offending provision must be severed from this Agreement in which event the remaining provisions of the Agreement operate as if the severed provision had not been included.