Terms of Use

This website and all content, trade marks and its related services, products, websites, tools and applications (Website) is owned and operated by My Wedding Planner Australia Pty Ltd ACN 641 263 194 (our, us, we). By accessing and using our Website you agree to comply with the following terms and conditions (Terms and Conditions). We may update our Terms and Conditions from time to time without notice to you. Each time you use our Website you should revisit these Terms and Conditions and your continued use of the Website constitutes your acceptance of them. 

1. Using our website

We provide our Website to help us connect with you and to provide general information and relevant content that you may be interested in. You must not use the Website for any purpose other than its intended purpose, and you must not harm our Website in any way. When using the Website you must not act fraudulently, or provide us with false, inaccurate, infringing or misleading information. Parts of our Website may allow you to comment or submit your content, and in doing so you must not post anything that is inflammatory, racist, abusive, harassing, obscene, sexually explicit or that violates any Australian law or the rights of any person.

The information you provide us and your use of the Website must not:

• create liability for us.
• infringe any third party’s privacy rights.
• infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy.
• violate any applicable laws (including those governing privacy, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law); and be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing.

Your use of this Website is by personal, non-exclusive licence granted by us strictly in accordance with these Terms and Conditions. This Website is only available to, and may only be used by, persons who can form legally binding contracts under applicable laws. If you do not qualify, you must not use the Website.

2. Intellectual property

We remain the owner of the Website and all intellectual property rights associated with the Website (including its content, videos, logos, images and source code). We ask that you do not copy, reproduce or modify any of our Website for any purpose except where we give you our prior written consent or sharing is otherwise permitted (as noted below).

When you provide us with information you agree to allow us to distribute or use that information as we consider necessary and in accordance with our Privacy Policy accessible on the Website.

We are not responsible for any loss that may occur from you submitting your information to us.

3. Your account

We may require you to set up an account with a username and password to gain access to parts of the Website. If we do, you will be responsible for keeping the combination of these details confidential and any actions that occur through your account (whether directly or indirectly) you are responsible for.

If we permit you to connect to the Website using a third-party service (e.g. Facebook or Google+), you grant us permission to access, store, and use the information from that service as permitted by that service.

4. Access and termination

We reserve the right, at any time and without prior notice, to remove or disable your access to the Website or any part of it, including your account, for any reason and you agree that we are not liable for any loss suffered by you or any third party as a result of the removal or disablement of the Website.

These Terms and Conditions will continue to apply until terminated or superseded by us. You can terminate your agreement with us by discontinuing your use of the Website at any time. You do not need to inform us if you choose to discontinue use of the Website.

You mean the person or entity that accesses the Website and you have a corresponding meaning.

5. Sharing

We may make content available for you to share on the Website. Where such content is made available, you must ensure that such sharing is properly credited to us including a link back to us, and comply with any other instructions we may specify. Your licence to share such content is by revocable and limited right. Where you share our content, you do so at your own risk. We will not be liable in any respects for any content that you share.

6. Links

Our Website may contain links to or from other third-party websites which we have no control over. We are not responsible for the content or use of these other websites (including any virus, or disturbing or harmful content) and you access them at your own risk.

7. Liability and indemnity

Your use of the Website is at your own risk and to the extent permitted by law, we exclude all liability of any kind, however arising, including any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, or any indirect or consequential loss resulting from your use of the Website. You agree to indemnify and release us and our related entities from and against all losses (as before mentioned) which we may incur in respect of any negligence, misuse of the Website, other act or omission, or any breach of these Terms and Conditions by you.

8. Security & access

You are solely responsible for any information that you transmit to us. Whilst we use our best endeavours to maintain the security of the Website to Australian standards (including the use of SSL ), we do not guarantee the security of the Website, our records, or any information you submit to us. We disclaim all liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Website, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Website.

In order to use the Website, you need to connect to the internet and you are solely responsible for your connection and all fees associated with such connection/access.

9. Privacy

By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others. You authorize us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods and services requested by you, and for any other purposes we consider reasonable. Such use will be compliant with the terms of our Privacy Policy (accessible on the Website).

10. Groups

Where we use social media pages or groups run by us, such pages will only be used to advertise our services and to facilitate community interaction. Such terms found herein as they relate to providing information will apply to your use of our social media pages or groups.

11. Applicable law

These Terms and Conditions, and your use of our Website are governed by the laws of Victoria, Australia and you agree to submit to the jurisdiction of the Courts of the State of Victoria and Courts competent to hear appeals.

12. Definitions

Unless the context requires otherwise, the following words and phrases in these Terms and Conditions shall have the following meanings:

Website means this website including all content, trademarks, and related services, products, websites, tools, and applications

you mean the person or entity that accesses the Website and you have a corresponding meaning.”, is displaying.

Terms and Conditions (Marketplace)

These terms and conditions (Terms) govern your use of the website located at myweddingplanner.com.au, and all associated applications, websites and pages, including social medial platforms and any planning tools that we feature on our website (Website). By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the User (User) of the Website and us, My Wedding Planner Australia Pvt Ltd ACN 641 263 194 (My Wedding Planner, we or us).”

These Terms set out the terms and conditions that apply when you use this Website as a means to advertise, publicize and promote the provision of wedding related services (Services) or as an online directory to seek out providers of Services, or when you otherwise visit the Website.

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

The Website is a passive medium that facilitates:

• Users of the Website who provide Services (Suppliers) to advertise and promote their Services by being listed on the directory offered by the Website and
  users of the Website to seek out Suppliers to provide them with the Services (Customers).

The remainder of these Terms are divided into three (3) parts:

• Part 1 (Users), which sets out terms that apply to all Users, including Customers and Suppliers.
• Part 2 (Suppliers), which sets out further terms that apply to Suppliers.
• Part 3 (General Terms), which contains general terms that apply to all users.

PART 1 – USERS

ACCESS AND USE OF THE WEBSITE

• You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
• In order to access and use the Website, you must be over 18 years of age. If you do not qualify, please do not access or use the Website.

YOUR OBLIGATIONS

You must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of My Wedding Planner.
• use the Website for any purpose other than its intended purpose.
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity.
• use, or attempt to use, the Website in a manner that may interfere with, disrupt or create an undue burden on the Website or the servers or networks that host the Website.
• use the Website with the assistance of any automated scripting tool or software.
• act in a way that may diminish or adversely impact the reputation of My Wedding Planner, including by linking to the Website on any other website.
• attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by.
  
  • gaining unauthorised access to Website accounts or data.
  • scanning, probing or testing the Website for security vulnerabilities.
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website.
  • instigating or participating in a denial-of-service attack against the Website.

POSTED MATERIALS – WARRANTIES

By providing or posting any information, materials or other content on the Website (Posted Material), you represent and warrant that:

• you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide).
• the Posted Material is accurate and true at the time it is provided.
• any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience.
• the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material.
• the Posted Material is not “passing off” of any product or service and does not constitute unfair competition.
• the Posted Material does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (IPR).
• the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Website or any network or system.
• the Posted Material does not breach or infringe any applicable laws.

POSTED MATERIALS – LICENCE

• You grant to My Wedding Planner a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any IPR in any Posted Material in order for My Wedding Planner to use, exploit or otherwise enjoy the benefit of such Posted Material.
• If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release My Wedding Planner from any and all claims that you could assert against My Wedding Planner by virtue of any such moral rights.
• You indemnify My Wedding Planner against all damages, losses, costs and expenses incurred by My Wedding Planner arising out of any third party claim that your Posted Material infringes any third party’s IPR.

POSTED MATERIALS – REMOVAL

• You grant to My Wedding Planner a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any IPR in any Posted Material in order for My Wedding Planner to use, exploit or otherwise enjoy the benefit of such Posted Material.
• If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release My Wedding Planner from any and all claims that you could assert against My Wedding Planner by virtue of any such moral rights.

INTELLECTUAL PROPERTY

• My Wedding Planner retains ownership of the Website and all works, items, materials or information of whatever nature on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Posted Material) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
• You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Posted Material without prior written consent from My Wedding Planner or as permitted by law.

INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

• the Website will be free from errors or defects.
• the Website will be accessible at all times.
• messages sent through the Website will be delivered promptly, or delivered at all.
• information you receive or supply through the Website will be secure or confidential.
• information you receive or supply through the Website will be secure or confidential.
• any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Supplier details, product descriptions, prices and any other Website Posted Material.

LINKS TO OTHER WEBSITES

• The Website may contain links to other websites that are not our responsibility.
• We have no control over the content of the linked websites and we are not responsible for it.
• Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

DIRECTORY SERVICES

• My Wedding Planner is a medium that facilitates the introduction of Customers and Suppliers for the purposes of making arrangements for Suppliers to provide wedding related services to Customers. My Wedding Planner simply acts as a directory of Suppliers and charges Suppliers a subscription fee to be listed on the Website. My Wedding Planner does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Suppliers in relation to such services or otherwise resulting from the introduction.
• You agree and acknowledge that:
  
  • any terms and conditions relating to services or a quote provided via the Website are solely between you and the Supplier and do not involve My Wedding Planner in any way.
  • the Website provides links and introductions between third party Suppliers and Customers that are not under the control of My Wedding Planner.
  • the provision by My Wedding Planner of introductions between Suppliers and Customers through the Website does not imply any endorsement or recommendation by My Wedding Planner of any Supplier or Customer.
  • whilst My Wedding Planner uses their best endeavours to ensure that all Suppliers listed on the Website are registered businesses in Australia, My Wedding Planner do not constantly examine, determine or warrant the competence, solvency or information of any Supplier who uses or is listed on the Website. In the event that you wish to use a Supplier, you are solely responsible for making your own enquiries in respect of their ability to fulfil their obligations and their compliance with Australian laws.
  • Suppliers located in countries other than Australia may also be listed on the Website, and My Wedding Planner makes no investigations or enquiries to ensure that such Suppliers are qualified or authorised under any applicable laws to provide services. You use such Suppliers and rely on Posted Material and Service Listings at your own risk and we recommend that you make all relevant enquiries prior to engaging a Supplier.
  • any terms and conditions relating to a service, Service Listing (defined below) or quote provided via the Website may constitute a contract between a Customer and a Supplier and does not involve My Wedding Planner in any way.
  • all quotes provided by a Supplier are subject to change without notice.
  • if you have a dispute with a Supplier or a Customer, you must resolve the dispute directly with the Supplier or Customer (as the case may be). My Wedding Planner is not a party to any dispute in any way.

REVIEWS

• Users may have an opportunity to review and rate Suppliers.
• Reviews must be honest and accurate, and not contain unlawful or objectionable content, including but not limited to, reviews containing defamatory, libellous, abusive, racially or sexually offensive or obscene language.
• Suppliers must not post their own reviews about their own goods or services on the Website and must not direct us to delete or amend any review about a Supplier or their goods or services which is on the Website.
• We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from the Website without notice at our sole discretion.
• We are unable to verify whether a User has actually used a Supplier and we are in no way responsible or liable for the information that is contained in the reviews and do not make any representation or warranty as to the accuracy or reliability of any information or content that is published in the review. We are under no obligation to remove any review published, and you agree that we are not liable under any laws (including defamation and misleading and deceptive conduct) simply through the publication of reviews on the Website.

DISCLAIMER

• • You acknowledge and agree that your use of this Website (including any arrangement or communication entered into with another User) is at your own risk. We provide the Website on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website (including Service Listings) for any purpose, to the maximum extent permitted by applicable law, anything contained in this Website is without warranty of any kind and we expressly exclude such warranties.

You acknowledge and agree that:

• • My Wedding Planner does not take any steps to confirm the identity of Users. My Wedding Planner cannot and does not confirm nor warrant or guarantee each User’s purported identity, licences or location. We encourage you to use the Website to conduct your own enquiries to vet other Users to your satisfaction;
  • Users are a third party unrelated to us. We are not a party to any agreement arising or entered into between Users and Users are solely responsible for the supply of Services on the terms and conditions as may be agreed between the Users. Your legal rights in connection with the supply of the Services are against the other Users and not us.
  • (iii) we do not supply, provide, manage or control the Users on the Website or their Service Listings and are not responsible for their advertising (including Posted Materials), preparation, supply, delivery or otherwise. If you have any enquiries about Service Listings you must contact the relevant User. We take no responsibility for the quality or otherwise of Service Listings. As a result we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:
    
    • any Service Listings (including without limitation that such Service Listings will be suitable for your requirements).
    • any Information provided by Users to each other.
    • the ability of Users to undertake their respective obligations.
  • because of the foregoing, in the event that you have a dispute with one or more Users, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and Losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  • Users are solely responsible for making decisions in respect of Service Listings and other Users.
  • no information provided by us constitutes legal or financial advice, particularly in respect of your obligations to comply with any applicable laws.
  • we do not promise that the Website or any Posted Material will be error-free or uninterrupted, or that your use of the Website will provide any specific results.
  • we reserve the right to share any information provided by you to us, and to store such information in accordance with our Privacy Policy (this includes your location where it is provided).
  • we do not represent or warrant that your use of the Website will meet your particular requirements, whether those requirements are disclosed to us or not.
• (b) This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms or your use of this Website.

EXCLUSION AND LIMITATION OF LIABILITY

• Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Website that are not expressly set out in these Terms to the maximum extent permitted by law.
• Without limitation to clause (a), we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:
  
  • your use or inability to use this Website in any way.
  • your reliance on the Website in any way.
  • Service Listings.
  • any Posted Material you provide or review.
  • any action taken on your Account.
• You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to or arising out of the provision of the Website or these Terms.
• Subject to the other terms of this clause, our maximum aggregate liability to you in any 12-month period for any Loss or damage or injury arising out of or in connection with the Website or these Terms, including any breach by us of these Terms, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to at our option the resupply of our services (being the Website) or the payment of the cost of resupply.
• We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms.
• Further, you acknowledge and agree that where the Website includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by My Wedding Planner and to the maximum extent permitted by law, My Wedding Planner excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
• Nothing in these Terms is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
• If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option the resupply of the services or the payment of the cost of resupply.
• This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or your use of the Website.
• This limitation of liability and indemnity applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of the Website.
• In these Terms:
  
  • “ACL” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
  • “Loss” means any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

INDEMNITY

You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of.

• your use or inability to use this Website in any way.
• Service Listings.
• User’s breach or negligent performance or failure or delay to provide any Service Listings.
• any Loss or claim made against us by a third party:
  
  • for actual or alleged infringement of a third party’s intellectual property rights arising out of the supply or use of the Website.
  • for death, personal injury, illness or damage to property resulting from Service Listings or the User’s use of the Website.
  • to the extent that the claim results from the breach, negligent performance or failure or delay in performance of these Terms by the User.
  • any fine or penalty imposed for a breach of any Applicable Law in connection with the supply of the Service Listings.
  • any breach of any of these Terms.
  • any act or omission of a User.
  • any Posted Material you provide.
  • any action taken on your Account.

PRIVACY

You agree to be bound by the clauses outlined in My Wedding Planner’s Privacy Policy, which can be found on the Website.

TERMINATION

• My Wedding Planner reserves the right to terminate a User’s access to any or all of the Website (including any listings and memberships) at any time without notice, for any reason.
• In the event that a User’s access is terminated.
  
  • the User’s access to all posting tools on the Website will be revoked.
  • all service listings previously posted by the respective User will also be removed from the Website.
• Notwithstanding termination or expiry of your membership or these Terms, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.

SECURITY

My Wedding Planner does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

PART 2 – SERVICE PROVIDERS

YOUR ACCOUNT

• In order to be featured on the Website, Suppliers are required to sign-up, register and receive an account through the Website (an ‘Account’).
• As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photo, profile information, payment details, verified identification and other information as determined by My Wedding Planner from time to time.
• You warrant that any information you give to My Wedding Planner in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
• Once you complete the Account registration process, My Wedding Planner may, in its sole discretion, choose to accept you as a registered Supplier within the Website and provide you with an Account.
• My Wedding Planner reserves the right to contact you about any concerning behaviour by you at any time.
• My Wedding Planner may suspend or cancel your Account for any reason without notice, including for any failure to comply with the Terms.

FEES

• (Payment Obligations) In order to be listed as a Supplier on the Website you are required to pay the subscription fees set out on the Website (Service Fees). Service Fees may be charged on either a monthly or annual basis at your election and subject to this being made available on the Website, and are payable in advance at the time notified on the Website or as directed by My Wedding Planner. All Service Fees and other amounts must be paid in Australian dollars.
• (Renewal) All subscriptions will continue to automatically renew at the then current Service Fee on the anniversary of their commencement date (whether that be annually or monthly), unless you cancel your Account in accordance with these Terms prior to the date that your subscription is due to renew.
• (Direct Debit) Payment must be made by a method approved by My Wedding Planner. If My Wedding Planner permits you to pay via direct debt or credit or debit card, then you must nominate a bank account or debit/credit card which My Wedding Planner can debit all Service Fees in accordance with these Terms. You irrevocably authorise My Wedding Planner to debit from your nominated account/card all amounts payable by you to My Wedding Planner at any time, immediately on the amount becoming due and payable, and without notice. This includes the Service Fees payable upon any automatic renewal of your subscription. You must ensure that your account always has sufficient funds from which all Service Fees can be drawn.
• (GST) Unless otherwise indicated, amounts stated on the Website do not include GST and you must pay GST on all amounts payable under these Terms at the same time as payment of the amount to which the GST relates.
• (Card surcharges) My Wedding Planner reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (such as Visa, MasterCard, American Express or Diners Club).
• (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of our Service Fee. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
• (Suspension) My Wedding Planner may at any time without notice suspend a Supplier’s Account if any amount due to be paid by the Supplier is overdue.
• (Refunds) The Service Fee, and any membership or subscription fee charged by My Wedding Planner is by default non-refundable. However, My Wedding Planner may, in its absolute discretion, issue refunds of such fees in certain circumstances.
• (Pricing Inaccuracy) In the event that we discover an error or inaccuracy in the prices set out on our Website at the time at which you signed up for a subscription, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of proceeding with your subscription at the correct price, or cancelling your subscription. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

TERMINATION OF AN ACCOUNT

Suppliers may terminate their Account on the Website at any time by giving notice using the Website’s functionality where such functionality is available or otherwise by contacting My Wedding Planner. Termination of an Account will take effect immediately on notice being given. However, no refunds of any amounts paid in advance in respect of the period following termination will be given.

SERVICE LISTINGS

• You agree and acknowledge that:
  
  • you must use your best endeavours to provide as much information as possible in any listing you upload to offer to provide services on the Website (Service Listing).
  • My Wedding Planner may choose not to accept any Service Listing you submit to the Website.
  • you are authorised and permitted by law to provide the services described in a Service Listing.
  • you must take all reasonable steps to complete the services as described in a Service Listing.
  • any additional terms and conditions relating to a Service Listing or quote provided via the Website are solely between you and the Customer and do not involve My Wedding Planner in any way, except that they must not be inconsistent with your obligations under these Terms.
  • My Wedding Planner will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Customer responding to a Service Listing.
• Depending on the subscription you select and pay for through the Website, this may affect the ranking of your Service Listing on the Website. Notwithstanding that the Website may indicate how your Service Listing will feature/rank on the Website for each subscription level, My Wedding Planner provides no guarantee that will actually be the case.

WARRANTIES

By listing yourself as a Supplier on the Website and posting a Service Listing, you represent and warrant that:

• you are able to fulfil the requirements of the services specified in the Service Listing.
• you will provide the relevant services to Customers:
  
  • using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, and diligent manner, and to the best industry standards.
  • in compliance with all applicable laws.
• you understand that My Wedding Planner does not hold insurance in respect of any services you may provide to a Customer, including any public liability insurance, and that it is your responsibility to obtain and hold any such insurances.
• any individuals or companies involved in performing the relevant services have not been previously convicted of a crime, and there are no current legal, criminal, civil or administrative proceedings against such individuals or companies.

TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Website, and My Wedding Planner will not be held accountable in relation to any transactions between Customers and Suppliers where tax related misconduct has occurred.

RECORD/AUDIT

To the extent permitted by law, My Wedding Planner reserves the right to keep all records of any and all transactions and communications made through this Website between you and other Users (including conversations, user posts, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving My Wedding Planner.

GENERAL TERMS

By listing yourself as a Supplier on the Website and posting a Service Listing, you represent and warrant that:

• (Governing law) This agreement is governed by the law applying in New South Wales.
• (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
• (Amendments) These Terms may only be amended by My Wedding Planner in accordance with the Terms.
• (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
• (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
• (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
• (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
• (Interpretation) In these Terms, the following rules of interpretation apply.
  
  • (singular and plural) words in the singular includes the plural (and vice versa)
  • (Gender)words indicating a gender includes the corresponding words of any other gender.
  • (defined terms) ) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
  • (person)a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity.
  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee.
  • (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it.
  • (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time.
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation.
  • (includes) the word “includes” and similar words in any form is not a word of limitation.
  • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.