USERS’ TERMS AND CONDITIONS
1.1 The website www.myweddingconcierge.com.au (“website”) is operated and administered by MY WEDDING CONCIERGE A.C.N. 155 262 338 and its agents, employees, contractors and licensees (“Company”).
1.2 Access to and use of the website by any visitor, customer, subscriber, advertiser or otherwise (“User”) is provided on and subject to the following conditions and any other directions or rules of use on the website (“Terms”) and the User’s continuing use of the website is deemed acceptance of the Terms.
1.3 In the event the User does not consent to the Terms, as modified, from time to time, then the User should immediately cease using the website.
1.4 The Company shall have the right, at any time, to change, modify or vary any content or material uploaded or posted by a User or to the website.
1.5 The Company shall have the right, at any time, to change, modify or vary the Terms or any part thereof or impose new conditions, including, but not limited to, adding fees and charges for use of the website.
1.6 Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which notice may be given by means including posting on the website or by electronic or conventional mail or by any other means the Company considers reasonable.
1.7 The User is responsible for informing itself of any changes by regularly viewing the Terms.
1.8 Use of the website by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions
1.9 The website and the Terms shall be governed by and construed in accordance with the laws of the State of Queensland.
2. User Conduct
2.1 The material and content contained on the website is provided for general use and information purposes only and the relationship between the Company and the subscribers or third (3rd) party providers is in no way deemed to constitute a relationship of a principal and agent.
2.2 The User warrants to the Company that:
(a) the User is over the age of eighteen (18) years;
(b) all information provided by the User on the website is truthful and valid;
(c) the User will use the website for lawful purposes only;
(d) the User will not sell, distribute, decompile, reverse engineer or otherwise deal with the website and the material and content contained therein (including, but not limited to, software) without the Company’s prior, specific, written consent;
(e) the User will keep private and confidential its username and password;
(f) the User will immediately notify the Company where it becomes aware of any misuse of the User’s username and password;
(g) the User will pay any fees and charges payable to any subscriber within the time frame specified by the subscriber;
(h) the User will not use the website nor the content or material contained on the website in a manner which would:
i. threaten, abuse, defame, harass, cause distress to or inconvenience or incite hatred of or in any person;
ii. violate or infringe upon the rights of any person (including their intellectual property, privacy and publicity rights);
iii. restrict or inhibit any other person from using or enjoying the website;
iv. encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
v. affect the functionality or operation of the website or its servers or the functionality or operation of any computer system;
vi. breach any standards, content requirements or codes promulgated by any relevant authority;
vii. exploit the Company or the website for commercial purposes; or
viii. defame, jeopardize or damage the Company (including to the reputation of the Company).
3.1 The Company is committed to protecting the privacy and security of the User’s personal information.
3.2 When dealing with the User’s personal information, the Company acknowledges that:
(b) it will collect the User’s personal information in a fair and lawful manner;
(c) it will keep the User’s personal information stored securely to safeguard against unauthorized access;
(d) it will ensure that the User’s personal information is used only for the purposes for which it was collected (unless provided for by law);
(e) it will not disclose the User’s personal information to any third (3rd) party except where the disclosure is:
i. required by law;
ii. authorised by the User; or
iii. reasonably necessary to provide the services advertised and offered on the website. In this regard, the User expressly consents to be added to the website mailing list.
3.3 Any personal information disclosed to any third (3rd) party is disclosed by the Company on the basis that the third (3rd) party will handle the User’s personal information in the same manner as the Company does.
3.4 The User agrees to immediately contact the Company where it believes that the User’s personal information has been recorded incorrectly.
3.5 The User may gain access to the User’s personal information held by the Company by contacting the Company, at any time.
4. General Disclaimers
4.1 Use of the website is at the User’s own risk.
4.2 The Company makes no representations or warranties, whether express or implied, about or in connection with the website, its use, its material and content or any products or services referred to on the website including, but not limited to
(a) the completeness, accuracy, truthfulness or suitability of:
i. the material and content on the website;
ii. the services offered by the subscribers on the website;
iii. the information and qualifications of the subscribers on the website;
(b) the quality of the services provided by the subscribers on the website;
(c) the results to be obtained by the User from the products or services provided by the subscribers of the website;
(d) the failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third (3rd) party conduct or theft, destruction, alteration or unauthorized access to records;
(e) accessing any sites or servers maintained by organisations through links on the website;
(f) subject to clause 3, how information provided by the User is collected, held, stored or distributed by the Company, subscribers or any third (3rd) party. 4.5 Links are provided for the convenience of the Users only, without responsibility for the content and operation of those links. Unless otherwise stated, the Company does not endorse linked sites and their products and services nor does the Company make any warranties or representations in relation to the suitability of the linked sites for the Users.
5. Limitation of Liability
5.1 The User indemnifies and releases the Company from and against all actions, suits, claims, demands, liabilities, costs, loss, expenses and damage (including, but not limited to, legal fees on an indemnity basis) whether direct, indirect, special or consequential arising out of or in relation to:
(a) the User’s breach of a warranty contained in clause 2.2;
(b) the User (or where applicable, any other person using the User’s username and password) using the website;
(c) the User (or where applicable, any other person using the User’s username and password) breaching any third (3rd) parties’ intellectual property rights;
(d) the accuracy, reliability, usefulness, merchantability, truthfulness or fitness for any particular purpose of the content and material contained on the website;
(e) an error, omission, interruption, deletion, defect or delay contained on the website or in operation of the website;
(f) the results, treatment, care or attention provided or not provided to the User by the subscribers;
(g) the negligence, act or omission of the subscribers;
(h) any representation or warranty provided by the subscribers;
(i) the use, misuse, storage or dissemination of any information collected by the Company or the subscribers;
(j) the User’s failure to pay any fees or charges payable to any subscriber.
6. Copyright and Trade Mark Notices
6.1 Unless otherwise indicated, all rights (including copyright) in the material and content and the compilation of the web pages and online images (including, but not limited to, text, graphics, logo, button icons, video images, audio clips and software) comprising the website are owned or controlled and reserved by the Company.
6.2 The website contains product names and images which are registered Trade Marks owned by the Company and its affiliates and third (3rd) party providers. The use and misuse of the Trade Marks, except as expressly authorised by the Company, is strictly prohibited.
6.3 The copyright and Trade Marks of the Company, its affiliates and third (3rd) party providers may not be used without the Company’s prior, specific, written consent.
6.4 If the User downloads content or material(including, but not limited to, software) from the website, the content and material are licensed to the User by the Company and such licence may be revoked by the Company, at any time.
6.5 Subject to clause 3, upon uploading or posting content, material or information on the website, the User irrevocably authorises and grants to the Company the right to publish, advertise, market or otherwise promote that content, material and information.