Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THIS SITE (THE "TERMS") CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR ACCESS AND USE OF THIS SITE. These terms of use apply to advertisers and to visitors to our Web Site. BY ACCESSING OR USING THIS SITE OR DOWNLOADING ANY MATERIALS FROM THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THIS SITE. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS SITE.

Definitions

Service means provision of Wedding Directory Service

the Website means the website www.weddings101.com.au and any associated websites.

We / Us etc means Weddings 101 Pty Ltd and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Ownership; Copyright and Trademark

All Site Content and Site Code is the exclusive property of Weddings 101 Pty Ltd. All trademarks, service marks, trade names, copyrights, patent rights and other proprietary rights in, associated with or utilised on this Site, the Site Content or Site Code are the properties of Weddings 101 Pty Ltd or its licensors. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Nothing in these Terms or any Site Content shall convey to you an ownership interest in any trademarks, service marks, trade names, copyrights, patent rights and other proprietary rights in this Site or any Site Content or Site Code.

"Site Content" means any data, software, text, information, material, statements and images, as well as graphics, interactive features, uploaded files, layout design, data, graphics, articles, file content, forum posts, databases contained on the website or in connection with the Service, video and audio, if any, displayed and/or used on this Site. "Site Code" refers to any and all underlying elements of this Site, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of this Site.

Limited License

Subject to the terms and conditions set forth herein and subject to your compliance with the Terms, Weddings 101 Pty Ltd grants you a non-exclusive, non-transferable, terminable, limited right to access and use this Site and Site Content for informational purposes only. Weddings 101 Pty Ltd authorises you to view and download Site Content only for your personal, non-commercial use.

You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any Site Content or Site Code to any one for any purpose; (b) not to alter Site Content or Site Code in any manner or use such Site Content or Site Code in a manner not authorised by the Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; (d) not to place any Site Content or Site Code on a network; and (e) except as otherwise expressly provided in "External Links to this Site" herein, not to frame, link, associate with advertisements or commercially exploit this Site, Site Content or Site Code. In addition, you must retain on all Site Content downloaded, all copyright, trademark, service mark and other proprietary notices contained in Site Content.

Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You must not use this website for any purposes related to marketing without Weddings 101 Pty Ltd’s express written consent.

Consumer Rights

You have certain rights under law which cannot be excluded, such as those offered by the consumer guarantees provided by the Australian Consumer Law. To the extent these laws apply, these terms and conditions are intended to operate alongside of your lawful rights and are not intended to limit or impede those rights.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. With the exception of any warranties provided by Law which cannot be excluded, all of our Services are provided without a warranty with the exception of any warranties provided by law. Except to the extent provided by law, we are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Breaches of these terms and conditions

Without prejudice to Weddings 101 Pty Ltd’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Weddings 101 Pty Ltd may take such action as Weddings 101 Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. View our Privacy Policy and read more about why we collect personal information from you and how we use that information,

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE.

WEDDINGS 101 PTY LTD OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE.

WEDDINGS 101 PTY LTD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE.

WEDDINGS 101 PTY LTD MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE.

WEDDINGS 101 PTY LTD MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE.

IN NO EVENT WEDDINGS 101 PTY LTD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION AVAILABLE ON THIS SITE, EVEN IF WEDDINGS 101 PTY LTD HAS BEEN ADVISED OF SUCH DAMAGES

"This document was provided by RP Emery & Associates"

Advertising Agreement

AGREEMENT:

1. Definitions and interpretation

1.1 In this Agreement:

“Advertiser” means the party placing the advertisement

“Advertiser Content” means the advertisements and other content provided by the Advertiser to Weddings 101 Pty Ltd for publication on the Website;

“Advertising Services” means the provision of an Advertiser listing, a Advertiser web page which includes images and text, and a hyperlink to the Advertisers own website

“Charges” means the Fees payable for the provision of advertising services and feature advertisements

“Confidential Information” means the amounts of the Charges and the other financial terms relating to this Agreement;

“Effective Date” means the date on which the free advertising period expires

“Feature Advertisement” means Banner Advertisements, Mid Page Units and Electronic Direct Marketing

“Force Majeure” means an act of God, fire, flood, or other natural disaster, malicious injury, strikes, lock-outs, or other labour troubles, riots, insurrection, war or other reason of like nature not the fault of the party in performing under this Agreement

“Prohibited Content” means:

(a) works and materials that:

(i) breach any law, regulation or legally-binding code;

(ii) infringe any person's Intellectual Property Rights or other legal rights; and/or

(iii) give rise to a cause of action against any person,

in each case in any jurisdiction and under any applicable law;

(b) works and materials that contravene the Australian Advertising Codes and Regulations;

(d) works and materials that may cause annoyance, inconvenience or anxiety to any internet user;

“Rate card” means the schedule of advertising rates and charges

"Sponsor" means Advertiser

“Term” and “Minimum Term” means 12 months

“Website” means www.weddings101.com.au

“Year” means a period of 365 days (or 366 days if there is a 29 February during the relevant period) starting on the Effective Date or on any anniversary of the Effective Date].

2. Term

The minimum term will continue beyond the expiration until notice is given by the Advertiser and received by Weddings 101 Pty Ltd in accordance with Section 9.1

3. Advertising Services

3.1 During the Term, Weddings 101 Pty Ltd will provide the Advertising Services to the Advertiser.

3.2 The Advertiser grants to Weddings 101 Pty Ltd a non-exclusive, worldwide, royalty-free licence to publish the Advertiser Content on the Website as contemplated by this Agreement.

3.3 The Advertiser warrants and undertakes:

(a) to ensure that all Advertiser Content is accurate and fair;

(b) to ensure that Advertiser Content does not consist of, contain, or link to any Prohibited Content;

(c) to promptly act to request(s) to remove or edit any Advertiser Content which ceases to be accurate and fair, or becomes Prohibited Content, for whatever reason;

(d) to ensure that the advertising and sale of any products and services that are advertised through the Advertising Content is legal under all applicable laws;

[(e) to ensure that the products and services advertised through the Advertising Content are appropriate for the Website's user base; and

[(f) to ensure that the Advertiser Content is of a quality commensurate with the content published on the Website generally.

3.4 Subject to scheduled maintenance, express restrictions on the Advertising Services, and any Force Majeure Event affecting Weddings 101 Pty Ltd or Weddings 101 Pty Ltd's appointed hosting services provider, Weddings 101 Pty Ltd will use reasonable endeavours to maintain the availability on the internet of:

(a) the Website; and

(b) the published Advertiser Content,

during the relevant period; but Weddings 101 Pty Ltd does not guarantee 24/7 availability.

3.5 Weddings 101 Pty Ltd may, at its absolute discretion, refuse to publish any advertiser content without giving any reason. No contract is formed between Weddings 101 Pty Ltd and the Advertiser until the Advertisers advertising content is accepted for publication. Weddings 101 Pty Ltd reserve the right to refuse or withdraw an advertiser content from publication at any time, without giving reasons, even if Weddings 101 Pty Ltd have previously published the same or similar advertiser content.

3.6 Products and or services advertised on Weddings 101 Pty Ltd must be inserted in the relevant Category and Sub Category. Weddings 101 Pty Ltd may, at its absolute discretion, withdraw or refuse to publish any advertiser content that is not inserted in the relevant Category or Sub Category.

4 Charges and payment

4.1 Weddings 101 Pty Ltd will apply charges in accordance with the rates set out in the rate card

4.2 The Advertiser will arrange;

(a) a recurring payment of the chosen advertising option charges to be paid monthly in advance to Weddings 101 Pty Ltd in accordance with 4.3 and; or

(b) payment of the chosen banner option charges to be paid in advance to Weddings 101 Pty Ltd in accordance with 4.3 and; or

4.3 Payments will be made by,

(a) Direct Deposit to the nominated bank account of Weddings 101 Pty Ltd and; or

(b) Through the Paypal portal to Weddings 101 Pty Ltds’ Paypal Account

4.4 Where an Invoice is issued, The Advertiser will pay the Charges to Weddings 101 Pty Ltd within 14 days of the date of issue.

5.1 If the Advertiser fails to pay for the advertising services in accordance with this agreement, or if the Advertiser commits an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of its assets or if the Advertiser resolves to wind up its company, then Weddings 101 Pty Ltd may at its absolute discretion cancel any current advertising services and terminate any agreement for advertising services and take proceedings against the Advertiser to recover any overdue amount including costs in relation to any action taken against the Advertiser by Weddings 101 Pty Ltd.

6 Licence

The Advertiser grants Weddings 101 Pty Ltd a limited, non transferable, non exclusive licence to copy, use, set up, store, publicly display, and transmit the Advertiser’s advertisement( including any trade names, trademarks and service marks shown) during the term of this Agreement.

7 Warranties

The Advertiser warrants and represents:

7.1 That it has full power and authority to enter into and fulfill the terms of this Agreement, and that the Advertisers material will not infringe any third party rights including Intellectual Property Rights and;

7.2 That the Advertisers material will not contain any viruses, trojans or malicious code

8. Confidentiality

8.1 The Advertiser will keep confidential the Confidential Information, and will not disclose the Confidential Information except as expressly permitted by this Clause 8

8.2 The Advertiser will protect the confidentiality of the Confidential Information using at least reasonable security measures.

8.3 The Confidential Information may be disclosed by the Advertiser to its officers, employees, insurers and professional advisers, provided that each recipient is legally bound to protect the confidentiality of the Confidential Information.

9. Termination

9.1 The Advertiser may terminate this Agreement by giving written notice of termination to Weddings 101 Pty Ltd at least 30 days' prior to the Minimum Term expiring.

9.2 Weddings 101 Pty Ltd may terminate the Agreement immediately by giving written notice of termination to the Advertiser if the Advertiser fails to pay any amount due to Weddings 101 Pty Ltd pursuant to Clause 4, or for any breaches of Clause 3.3. or Clause 7

10. Effects of Termination

10.1 If the Agreement is terminated by The Advertiser or Weddings 101 Pty Ltd under Clause 9.1 or Weddings 101 Pty Ltd under Clause 9.2, the Advertiser will not be entitled to any refunds or release from any liability to pay Charges (whether or not invoiced) upon the termination of the Agreement.

10.2 If due notice is given by the Advertiser under Clause 9.1 to terminate the agreement no further payments will be due after the expiry of the Minimum Term.

11 No Waiver

If at any time Weddings 101 Pty Ltd does not enforce any part of this agreement or grants the Advertiser time or other indulgence, Weddings 101 Pty Ltd shall not be construed as having waived that part of the agreement or its right to later enforce that or any other part of the agreement.

12 Governing Law

These Terms and Conditions are governed by, and construed in accordance with the law in force in the State of Victoria. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of Victoria, and any court that may hear appeals from any of those courts, for any proceedings in connection with this agreement

13 Severability

If any provision of these Terms and Conditions is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions of this agreement which shall remain in full force and effect.

14 Indemnity

The Advertiser agrees to indemnify, defend and hold Weddings 101 Pty Ltd and its officers, directors, employees and agents harmless from and against any third party claim, liabilities, damages, losses and expenses, including, without limitation, reasonable legal fees, arising out of or in connection with (a) Advertiser's use of the Service, (b) the Advertiser Site(s) and any content therein, (c) Advertiser's violation of any terms or conditions of this Agreement, or (d) any claim that the Advertiser Site(s) or the serving of Ads on the Advertiser Sites as part of the Service, violates applicable laws or regulations, or any rights of another person or entity, including without limitation any Intellectual Property Rights or rights of publicity or privacy.

15 Limitation of Liability

Neither Weddings 101 Pty Ltd its affiliates, suppliers, advertisers, or sponsors, nor Weddings 101 Pty Ltds directors, officers, employees, consultants, agents or other representatives, are or will be responsible to the Advertiser or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or materials contained on the site. Without limiting the foregoing, The Advertiser expressly acknowledges and agrees that Weddings 101 Pty Ltd have no liability or responsibility whatsoever for (1) any failure of another user to the site to conform to the codes of conduct (2) any unauthorised access to or use of the Weddings 101 Pty Ltd secure servers and/or financial information stored therin, (3) any bugs, viruses, worms, trojan horses, defects or other items of a destructive nature which may be transmitted to or through the Weddings 101 Pty Ltd site by any third party, (4) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise available via the site. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16 Acceptance of this agreement

The Advertiser has indicated the acceptance of this Website Advertising Agreement by Clicking on the “I/We have read and accept the terms of this Website Advertising Agreement”