Please read all of the Agreement carefully before using Parties2Weddings. If you have any questions, please contact us prior to agreeing. By using Parties2Weddings, you acknowledge and agree that you have had an opportunity to read and understand the Agreement and agree to be bound by it.
These terms and conditions, as amended from time to time (Terms and Conditions), apply to the publication, advertising material supplied for a directory listing (Directory Listing) submitted by any person or entity (Supplier, you or your) for publication on the Website.
- By Approving your advertisement or Business Listing on Parties2Weddings and completing / providing appropriate payment authority, you agree to be bound by these Terms and Conditions.
- You are entitled to a 7 day “cooling off” period commencing on the date on which your Directory Listing is uploaded to the Website during which time you may change your mind about advertising on the Website. You must notify us in writing within this period if you no longer wish to advertise your goods or services on the Website.
Business Profiles and Reviews
You may use Parties2Weddings to add, amend and/or update a Business Profile or a Review, solely on the terms and conditions of this Agreement.
All Content must –
- Be complete and accurate; be supplied in the manner and format specified on Parties2Weddings.
- Not be of a nature likely to bring Parties2Weddings into disrepute and
- comply with all laws, regulations, standards and relevant industry codes.
- You must not:
- Use Parties2Weddings to post Content for a business that is not located in Australia;
- Use Parties2Weddings to add or amend a Business Profile where you do not have the express authorisation of that business to do so;
- Upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;
- Upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Content or Accessible Content;
- Infringe the intellectual property rights of others
If any of the information in the Business Profile for Your business changes, becomes out of date, or no longer complies with this Agreement, You must:
(a) Immediately amend Your Business Profile so that it complies with this Agreement; and/or
(b) Immediately notify Parties2Weddings.
You acknowledge and agree that by posting Content onto Parties2Weddings you consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest you from Parties2Weddings.
Payments and Terms
- The advertising fees payable to Parties2Weddings pursuant to these Terms and Conditions are the quoted rates advised to you. We reserve the right to increase our fees and we will notify you of any fee increases. Advertising Fees are inclusive of GST.
- You agree to place a Directory Listing with Parties2Weddings on the Website for a 12-month period (Initial Term), regardless of payment terms extended. By committing to Parties2Weddings directory advertising you commit to the full 12 months advertising fees.
- Parties2Weddings will provide you with a tax invoice for the advertising fees plus applicable GST when an advertising package is agreed upon. You must pay the first payments (subject to payment term agreed) before your advertising goes online. If more than one payment is required during the initial term, all future payments must be secured with a valid credit card or direct debit.
- If you are eligible for a monthly payment term you will be put onto a “Perpetual” contract. After the Initial Term, your agreement with us will continue on as a month-by-month agreement.
- If your account is overdue we have the right to take your ad offline until we have received all outstanding moneys.
- if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over you or any of your assets or if you resolve to wind up your company, then Parties2Weddings may (in its absolute discretion):
- Take proceedings against you to recover any overdue amount;
- Recover from you all costs in relation to any action taken against you by
Parties2Weddings to recover overdue amounts, including without limitation,
- Collection costs and legal costs on a full indemnity basis; and/or
- Exercise any other rights available to Parties2Weddings at law.
- Parties2Weddings may terminate your Directory Listing and remove your Directory Listing from the Website at any time during the Initial Term and for any reason. Parties2Weddings is not obliged to provide you with reasons for terminating your Directory Listing.
- If Parties2Weddings terminates your Directory Listing during the Initial Term and you have paid the advertising fees upfront and are otherwise not in breach of these Terms and Conditions, Parties2Weddings will refund you a pro rata portion of the advertising fees applicable to the unused part of the Initial Term.
- If Parties2Weddings terminates your Directory Listing either during or after the Initial Term, and you pay the advertising fees by direct debit, Parties2Weddings will cancel your direct debit arrangements provided you are up to date with payment of all advertising fees. If there are any amounts owing to Parties2Weddings owings at the date of termination, you authorise Parties2Weddings to direct debit all overdue amounts from your nominated account.
- If Parties2Weddings removes your Directory Listing from the Website during the Initial Term pursuant to clause 6.f of these Terms and Conditions, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term.
Termination by the Supplier
- If you cancel your Directory Listing with Parties2Weddings during the Initial Term and you have paid the advertising fees upfront, you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term. This also relates to future annual subscriptions..
- If you cancel your Directory Listing with Parties2Weddings during the Initial Term, the advertising fees payable by you for the unused part of the Initial Term will become immediately due and payable. This also relates to future annual subscriptions.
- After the expiry of the Initial Term, if you are on a “Perpetual” contract you may withdraw your Directory Listing at any time by giving 30 days’ written notice to Parties2Weddings and your Directory Listing will be removed from the Website at the expiry of the 30 days’ notice period.
Acceptance of material
- Parties2Weddings is under no obligation to accept a Directory Listing (or any part of a Directory Listing) for publication on the Website and is under no obligation to provide reasons for such refusal.
- Parties2Weddings reserves the right at any time, at its sole discretion, to:
- reject or cancel all or part of a Directory Listing; or
- remove all or part of a Directory Listing from the Website.
- In addition, Parties2Weddings shall have the absolute right, without providing any reason, to reject any URL link embodied within the Directory Listing.
- Images supplied to Parties2Weddings for publication on the Website may be published on different pages within the Website, to be determined in Parties2Weddings’ sole discretion. By submitting images to Parties2Weddings, you agree that Parties2Weddings may use your images anywhere within the Website.
- You agree that Parties2Weddings may source images for your Directory Listing directly from your website, if the images supplied by you are not suitable and you warrant that Parties2Weddings is entitled to do so without infringing any intellectual property rights. Such material will be deemed to be submitted or supplied by you for the purpose of these Terms and Conditions.
- You acknowledge and agree that Parties2Weddings will not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, revenue, goodwill, customers or capital in any way connected with these terms or the Parties2Weddings Platform.
- You warrant that you own and control all rights to any information, data, text, video or audio that you host, share, provide, claim, publish, post, store or upload onto the Parties2Weddings Platform, including the right to licence and authorise Parties2Weddings to use same. Further, you represent and warrant any information, data, text, video or audio that you host, share, publish, post, store or upload onto the Parties2Weddings Platform:
- Does not infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of anything provided by you
- Is not misleading, deceptive or materially incorrect; and
- Is not and is not likely to be considered offensive, obscene, defamatory or otherwise inappropriate.
- Parties2Weddings doesn’t not act as the merchant of record for any product or service made available on the Platform. By e-mailing us the images/uploading photos/images onto our system (for instance in addition to a review), also the images sourced from your website and images sourced from your business social media services, you certify, warrant and agree that you own the copyright to the photos/images and that you agree that
– Parties2Weddings.com.au may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Parties2Weddings at its discretion sees fit. You are granting
– Parties2Weddings.com.au a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as is
-Parties2Weddings.com.au at its discretion sees fit. You accept full legal and moral responsibility of any and all legal claims that are made by any third parties due to Parties2Weddings.com.au publishing and using these photos/images.
– Parties2Weddings.com.au does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded/or provided the photo, and is not the responsibility of Parties2Weddings.com.au.
– Parties2Weddings.com.au disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Parties2Weddings.com.au at any time and without prior notice.
- If Parties2Weddings receives complaints from visitors to the Website in relation to a Supplier or a Directory Listing, Parties2Weddings may without notice to the Supplier remove the relevant Supplier’s Directory Listing (or the offending part) from the Website immediately and if this occurs during the Initial Term and you have paid your advertising fees upfront, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term.
- Parties2Weddings reserves the right to amend, move or reposition your Directory Listing or change the Website at any time. Parties2Weddings will use its reasonable endeavours to give you advance notice of any material changes that it makes to the Website.
- You agree that you must pay all advertising fees even where:
- your Directory Listing (or part of it) is not published due to a breach of these
Terms and Conditions by you;
- your Directory Listing (or any part of it) is not published due to your failure to provide sufficient artwork or instructions;
- the format or placement of the Directory Listing has been varied by Parties2Weddings;
- you believe your Directory Listing has not resulted in the number of enquiries you expected to receive as a result of the Directory Listing on the Website.
- Parties2Weddings owns all intellectual property rights in the Website and the Directory Listing, including information, graphics, design and software, except where the Supplier has provided its own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website.
- You must obtain the permission from the owner of any intellectual property in any third party material incorporated into a Directory Listing prior to submission of the Directory Listing.
- You grant Parties2Weddings a world-wide, royalty free, irrevocable licence to publish, and to sub-licence the publication of, all material submitted to Parties2Weddings as part of the Directory Listing in any form or medium, including print, online or otherwise. You warrant that you are authorised to grant the licence in this clause 7
Privacy and personal information
Suppliers must comply with their own privacy policies and with all applicable privacy laws in the collection and use of individuals’ personal information collected as a result of an enquiry made to a Supplier through the Website.
Warranties and liability
You warrant that all material submitted by you for publication on the Website will not:
- contravene any relevant laws, including, without limitation, the Competition and Consumer Act 2010 (Cth), any state-based Fair Trading Act, the Privacy Act 1988 (Cth), or any regulations made under those Acts (including relevant industry regulations, standards of practice or codes of conduct), any equivalent legislation in New Zealand or any common law in Australia and New Zealand;
- breach or infringe the intellectual property rights of any person;
- be obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
- contain a photograph or representation of a living person unless that person
- has consented;
- comprise anything that can be used for any purpose or activity of an illegal,
- fraudulent or defamatory nature;
- be misleading or deceptive or likely to mislead or deceive;
- if you are promoting a competition or trade promotion, breach the relevant provisions of the Competition and Consumer Act 2010 (Cth) or other Federal or State legislation relation to competitions or trade promotions, or any equivalent legislation in New Zealand, and you further warrant that you have obtained all relevant permits; or
- comprise anything which may adversely reflect on Parties2Weddings or the
- Parties2Weddings will be under no liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of:
- goods or services supplied pursuant to these Terms and Conditions;
- any failure or omission on the part of Parties2Weddings to comply with its obligations under these Terms and Conditions;
- any negligent act or omission of Parties2Weddings;
- the provision by the Supplier to Parties2Weddings of incorrect contact details which results in Parties2Weddings being unable to forward enquiries received from visitors to the Website to the relevant supplier; or any web traffic pop-ups which appear on the Website.
- Parties2Weddings expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of profits, loss of revenue, loss of income, loss of use, loss of business opportunity, loss of production, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with the interruption of the Supplier’s business, howsoever caused.
- Parties2Weddings makes no representation or warranty in relation to the number of visitors to the Website except for those representations made expressly in writing by Parties2Weddings to the Supplier in relation to actual prior Website visits. Parties2Weddings makes no warranty or representation in relation to future visitor numbers to the Website and any projections provided by Parties2Weddings are estimates only. Parties2Weddings does not warrant or represent that:
- the Website will be accessible at all times,
- the Website is free from viruses; or
- any information (including hyperlinks) contained on the Website is accurate or suitable.
To the extent that any warranties or guarantees implied by law are not capable of being excluded or modified, the total liability of Parties2Weddings, its employees, servants and agents for breach of such warranties or guarantees is limited to one or the other of the following at the option of Parties2Weddings:
- if the breach relates to goods:
- the replacement of the goods supplied or the supply of equivalent goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods;
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
The Supplier releases, indemnifies and will keep indemnified Parties2Weddings, its employees, servants and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against Parties2Weddings arising out of:
- Breach of these Terms and Conditions by the Supplier;
- Breach of warranty contained in clause 9a;
- Any wilful, unlawful or negligent act or omission of the Supplier;
- The publication by Parties2Weddings or any other person of any material supplied by the Supplier; and
- Breach by the Supplier of any laws or legal obligations, including the Competition and Consumer Act 2010, any state-based Fair Trading legislation.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
Links to other websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Parties2Weddings. Parties2Weddings has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Parties2Weddings shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Changes to the Terms & Conditions
Parties2Weddings reserves the right, at our sole discretion, to modify or replace these Terms at any time to change its Terms & Conditions at any time and notify you by posting an updated version on each the website. The amended T&C will apply between us whether or not we have given you specific notice of any change. Please revisit this section form time-to-time to get updated on any changes.