Terms and Conditions
Jairah Pty Ltd (ACN: 143 936 127) as trustee for Wedding House Trust (ABN: 68 363 630 293) and carries the registered trading name as, Wedding House Directory (referred to as we, us or our), and www.weddinghouse.com.au (the website).
Your access to, and use of, the Wedding House Directory website and the data available on the website is subject to these Terms and Conditions.
The addition of your business listing to Wedding House Directory is conditional upon you accepting and complying with these Terms and Conditions and any other specific conditions, notices and disclaimers contained in the website. Please read the Terms and Conditions carefully.
Your continued use of this website constitutes your agreement to comply with the Terms and Conditions. Should you not agree with the Terms and Conditions, exit the site immediately.
Any part of the Terms and Conditions which is not valid, voidable or not able to be enforced shall be deleted, but the rest will still have full force and effect.
No rights or obligations under the Terms and Conditions shall be assigned without our prior written consent. We reserve the right to assign our rights or obligations under the Terms and Conditions at any time without notice to you.
Any waiver by us of any portion of the Terms and Conditions will only be binding on us if it is presented in writing and executed by us. Any waiver by us will only be effective for the purpose for which it was intended.
The Terms and Conditions are governed by the laws of each and every Australian State and Territory and each party is governed by the non-exclusive jurisdiction of the State or Territory courts where their business or listing originates.
Rights not expressly granted in the Terms and Conditions are reserved.
No agency, partnership, joint venture or employment relationship is intended or created by these Terms and Conditions, and Wedding House Directory and its customers remain independent contractors.
- we are not responsible for accuracy of content posted given that the site contains advertisments and information from third parties. We can not and do not make any representations as to the accuracy or suitability of the information or links on this website, and you use the information and the links at your own risk.
- we do not review, vet, supervise or exercise any control over the material you or others post to the website or link to.
- we make no representations or warranties about any third-party site. We accept no responsibility for, nor do we endorse, the content or use of any third-party site. When you follow a link to any third-party site, you do so entirely at your own risk.
- the website and/or the search function may at times experience interruptions and access difficulties on occasion and that we can not be responsible for any such interruptions or access problems.
Advertising Subscriptions, Fees and Payments
You acknowledge that there are two options of payment subscriptions provided to Wedding House Directory customers:
- Once off yearly payments in advance via credit card, direct deposit or cheque.
- Yearly or monthly recurring ongoing payments made via a valid credt card.
For recurring subscriptions, customers are subscribed to an ongoing yearly subscription until they request it to be cancelled. Customers are informed they are signing up to an ongoing subscription on the email correspondance, sale page and sign up forms. (The term used is yearly ongoing subscription). For future yearly payments customers receive written correspondance via email five (5) days prior to the renewal date informing them of the next payment date and the amount. Customers can cancel at any time and there are no cancellation fees. If a customer is charged before they are able to request a cancellation a refund may be requested within seven (7) days of receving the payment.
The customer must acknowledge prices are always subject to change without notice, unless you are on an ongoing recurring package which an agreed price was confirmed when you first joined the Wedding House website.
Goods and Services Tax (GST)
GST has the meaning which is defined in the A New Tax System (Goods and Services Tax) Act, 1999. Except where otherwise stated, all prices quoted in Wedding House Directory agreements include GST. When the rate of GST changes, the new rate will be applied to the prices and the GST inclusive price for the service will be adjusted to accommodate the new GST rate.
Wedding House Directory will issue a Tax Invoice to all its customers in accordance with any specific terms and conditions in the Customer Service Agreement.
We may provide notices to you by posting the notice on the website which is additional to any other mode of notice service permitted by law.
Copyright of the material the website contains is held by Wedding House Directory. The website and the data it contains are supplied solely for information. Apart from any fair dealing for the purpose of private study, research, criticism or review as permitted under the Copyright Act 1968, no part may be reproduced or re-used for any purpose whatsoever without the written permission ofWedding House Directory. Users must not, whether through the use of additional software or by any other means, data mine or conduct automated searches on this site or the data it contains. However, users may download individual listings for their own private purposes in the course of normal site use.
Copyright of material posted by your business when you list with Wedding House Directory is your responsibility, which means you are responsible for ensuring you have the right to publish any content including logos or images without infringing any copyright or trademark legislation.
Any and all intellectual property rights in data, information and materials used in the website including, without limitation, all methodologies, software, equipment, tools, know-how or processes shall always remain ours, or our licensors' sole and exclusive property. You acknowledge and agree that you do not acquire any rights, title or interest in, or to, any of our intellectual property.
We reserve the right to:
- remove or not post the whole or part of any materials and/or information which we, in our sole and absolute discretion, consider to be objectionable or which infringe on any applicable law or the Terms and Conditions without notice to you.
- review or stop any of our services at any time without notice or liability to you.
- completely cooperate with any law enforcement agency in any jurisdiction with any lawful direction or request to make known the identity or other information of anyone posting any materials which violate any law or the Terms and Conditions.
- remove a business from a category that isn't specifically relevant to their product or service when they first register with Wedding House. Wedding House needs to be strict on this otherwise the directory becomes irrelevant to the brides when they are searching for a particular product and service.
- Remove a business from a region that we know they do not service.
- Wedding House maintains the right to at any time remove any images, businesses or websites that they deem as pornographic or of an indecent nature. If you upload any new photos to your account, they will be double checked by Wedding House administration for quality control.
- refuse a submission if they have already listed on the 3 month trial listing. The 3 month trial listing is only available once to businesses.
You are responsible for:
- ensuring the material you post to the website is suitable, accurate, complete and up to date.
- complying with all relevant local and state laws and regulations and all national and international laws and regulations if they apply.
- respecting our rights and the rights of other users' including, but not limited to, our intellectual property existing in material available on or through the website.
What you can not do
The website must not be damaged, modified, interfered with or disrupted. The destruction of files, data, passwords, devices or resources that belong to us or anything that compromises the security of the website is prohibited.
Posting to the website or otherwise propagating material of any kind which contains computer worms, viruses or other types of malicious or harmful programs is prohibited.
The website can not and will not be used for any illegal purposes including without limitation the posting of any information to the website which encourages conduct that constitutes a criminal offence.
No material will be posted to the website which violates intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether registered or unregistered) or other rights of any person in any worldwide jurisdiction.
No material will be posted to the website, or if applicable any website linked to your listing in the website, which is defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable.
The website will not be used to engage in misleading or deceptive on-line marketing practices.
No business may list on the 3 month trial listing more than once. After the 3 months you will be able to opt out or sign up to one of our paid advertising packages.
Exclusion of Warranties
We can not and do not warrant that the website is free of errors or faults or that it will completely meet your requirements.
Unless otherwise stated in these Terms and Conditions, we make no express or implied warranties to you. We exclude all warranties, conditions and terms implied by statute, general law, international convention or custom, including, without limitation, any and all implied warranties as they apply to merchantability, fitness for purpose, title and non-infringement. The only exception being for any implied condition or warranty, the exclusion of which would infringe any law or cause this clause to be void.
Limitation and Exclusion of Liability
To the extent permitted by law:
All liability to you or any other person is excluded for any loss or damage, whether arising in contract, negligence or otherwise arising out of, or in connection with, any use of the website or information contained in, or provided through, the website.
If the services provide to you by us are subject to warranties or terms implied by statute, general law, international convention or custom which cannot be excluded, limited or changed, the only liability for us breaking any such condition or warranty will be us supplying the services again.
All liability to you or any other person (whether in contract, negligence, tort, equity or otherwise) is excluded for any consequential, indirect, incidental, special, punitive or exemplary damages, including, without limitation, any loss of profits, loss or corruption of data or loss of goodwill. This applies even if we have been told about of the possibility of such loss or damage beforehand.
We cannot guarantee continued availability of any product or service advertised or referred to on the website.
Circumstances beyond our control
We can not and will not accept any liability for any failure or delay in performing our obligations to you if that failure or delay is due to circumstances beyond our control. This includes, without limitation, any act of God or other cause beyond our reasonable control including any mechanical, electronic, communications or failure of any third-party supplier.
At all times, you will indemnify us, our affiliates, our suppliers and their respective officers, employees, contractors and agents from and against any loss, costs, expenses (including legal costs), claims, damages, settlement, penalties, fines or other liability incurred or suffered arising out of your use of the website or breaking any of these Terms and Conditions.
All reasonable care is taken in the compilation of our online directories, including the site content on this website. However, the site content is provided 'as is' and we can not and do not warrant or represent that it is complete, up to date or error or ommission free.
Advertisements are accepted for inclusion on this website in good faith on the basis of warranties provided by each advertiser. We can not and do not warrant or make any claim that the products or services advertised on this website are suitable for any particular purpose, or that an advertiser has particular qualifications, or that the qualifications claimed by an advertiser are valid, or that the published address of any advertiser is the address at which a telephone call directed to the advertiser is answered. These must be investigated by yourself to ascertain the suitability, quality and condition of any goods or services advertised on this website for your purposes and it is your responsibility to verify any information in the advertisements on this website before relying upon it.
Our services are provided with reasonable care and skill and we do our best to ensure availability of our services and access to this website. However, the availability of our services and access to this website may be interrupted by numerous factors from time to time including those beyond our control which may be equipment or software failure, internet access problems or transmission delay or failure. Accordingly, we can not and do not warrant or claim that our services and/or your access to this website or the site content will be timely, uninterrupted, continuous, secure, fault-free or virus-free.
If you become aware of any inaccuracies or omissions in the information on this website, please bring this to the attention at email@example.com
Any terms which apply to us supplying this website and the site content are those that are set out in the Terms and Conditions listed above and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
We do accept our liability for any breaking of contract or negligence under the principles applied by the courts, but:
- we do not assume liability for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract).
- we can not and do not accept liability for any losses incurred by you that result from your use of our products and services in conducting a business. But we will accept that liability if it cannot be excluded under any legislation. If that liability may not be excluded but can be limited under any legislation, we limit our liability to the re-supply, repair or replacement of the relevant products or services (or payment of the cost of re-supply, repair or replacement) where it is fair and reasonable.
- we do not assume liability for any loss caused by us failing to abide by our obligations to you where that loss is caused by events over which we have no control such as equipment or software malfunction, internet access problems or transmission delay or failure.
- we do not assume liability for any loss to the extent that it results from your failure to take any necessary steps to avoid or reduce your loss.
You become liable to us for any contract breach or negligence under the principles applied by the courts. But you do not become liable to us for any loss to the extent that it is caused by us through our negligence or breaking of any contract.
Termination, suspension and access limitation
We reserve the right to suspend, end or limit your access to this website at any time if you are in any material breach of these Terms and Conditions and:
- we have advised you in writing of such breach and you have failed to resolve it within 14 days of us advising you.
- the breach cannot be resolved in which case we reserve the right to cancel the service immediately after advising you.
Other rights to terminate, suspend or limit access
We reserve the right to suspend, end or limit your access to this website with as much warning as we are able, if:
- we have reasonable grounds to believe that providing you with access to this website or to the site content is illegal or may become illegal.
- we believe there is a real risk of loss or damage to us or another party if we do not suspend, end or limit your ability to access this website.
- the law states that we do so.
- an emergency arises.
No action on our part to a particular breach by you of these Terms and Conditions, will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. No action by you in relation to a particular breach by us of these Terms and Conditions, will not be treated as a waiver by you of your right to act with respect to any subsequent or similar breaches.
Future changes to Terms and Conditions
We may need to change our Terms and Conditions from time to time, to reflect our changing business and we reserve the right to do so at any time. We may also need to change our Terms and Conditions if we are required to by law, for security purposes or for technical or infrastructure purposes. Variations become effective immediately on posting or at such later date as we may specify whether or not we give you specific notice of any particular change. Your continued use of the website indicates your acceptance of and agreement with the revised Terms and Conditions, so you are advised to review them regularly.
These Terms and Conditions remain in effect until we decide to terminate them and we may do so as well as terminate your right to post information and material to the website at any time without notice. If we do decide to terminate, you are no longer authorised to add your information to the website but all restrictions imposed on you, licences granted by you and all our disclaimers and limitations of liability set out in the Terms and Conditions will remain.
If we do terminate, we are not liable to you for any claims of any kind arising from removal of your information from the website including any loss by you of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created or any other cause whatsoever.
Access to the wedding house directorysite outside Australia
We can not and do not represent or warrant that this website or the website content abides by the laws of any country outside Australia. Access and use of this website or the website content outside Australia is done at the user's own risk.
We respect the privacy of our clients and respect the trust that they show our company when giving personal details. We are particularly concerned about practices, which violate privacy rights and confidentiality.
At all times we will respect the purpose for which personal information is given. Our clients are given the choice over how their information is used. We will remove any client details immediately if requested.
Wedding House Directory may disclose your information to its service providers and contractors from time to time to help us to provide and market our goods and services to you, however, this will only be done with your consent.
All our users have the ability to unsubscribe from our communication through their account setting or via the unsubscribe button on any eNewsletters. We will honour those settings. If you believe we are not delivering on these promises please contact our management team personally at firstname.lastname@example.org
A Wedding House Directory membership requires you to provide us with your contact information. We may use your contact information from the registration form to send you information about our company. Your contact information is also used to contact you when necessary.
Credit Card security
We work diligently to protect the security of your personal information, including credit card information. Wedding House Directory protects your credit card information during transmission by using Secure Sockets Layer (SSL) software, which encrypts all information.
Requests for refunds can be made via email to email@example.com. Any requests for refunds are assessed on an individual basis.
In the event that a business, company or individual wishes to terminate their advertising with Wedding House Directory and they are subscribed to our direct debit/recurring payment package, that business, company or individual must give Wedding House Directory five (5) working days notice of their intention to do so in writing to firstname.lastname@example.org
In the event of Wedding House Directory terminating an advertisers listing under the Terms and Conditions, Wedding House Directory will assess on individual bases whether a refund can be issued.
Wedding House Directory does not have a return policy as its items are not tangible.
All guarantees offered by Wedding House can be changed at the discretion of the owner at any time and will be assessed on an individual basis.