These terms and conditions (“Term”) covers your use of the Wedding Booking System Australia service (“Service”) as supplied by Wedding Booking System Australia Pty Ltd ABN 18 653 630 114 (“Provider”). By acquiring our Service, the Customer agrees to these Terms.

1. Interpretation

In these Terms:

1.1 “Customer” means the purchaser of the Service from the Provider.

1.2 “Customer Data” means data and information: i) originating from the Customer’s use of the Services; and ii) inputted into the Service by the Customer.

1.3 “Invoice” means an invoice for the fees for the Service delivered to the Customer.

2. The Service

2.1 The Provider will make the Service available to the Customer and the Customer agrees to purchase the Service on these Terms. These Terms will apply to the supply of Service by the Provider despite any conflicting terms proposed by the Customer, unless waived in writing by Provider.

2.2 The Service may contain links to third party sites. Where a Customer clicks a link to another site, the Customer’s use of that site is not governed by these Terms. The Provider will have no liability of any type to any party for the Customer’s access to or use of that other website.

2.3 The Provider reserves the right at any time to make updates, improvements, substitutions, modifications or enhancements to any part or function of the Service and to implement them into the Service.

2.4 The Customer agrees that it is solely responsible for determining the suitability of the Service for the Customer’s business.

2.5 The Customer acknowledges that they Provider may be required to perform maintenance for the Service that may result in the Service being unavailable from time to time. the Provider will take reasonable steps to provide notice of any such maintenance.

2.6 The Company cannot and does not warrant that the Service will operate error-free or that the Service and its server are free from computer viruses or other harmful mechanisms.

3. Use of the Service

3.1 The Provider will make the Service available to the Customer and grants the Customer a non transferable, non exclusive, non-sub-licensable right to access and use the Service subject to these Terms.

3.2 All copies of any elements of the Service, including all intangible and tangible elements and any media on which they may be recorded, but excluding Customer Data, are the property of the Provider and no title to or ownership of them is transferred to the Customer.

3.3 The Customer must notify the Provider immediately if the Customer becomes aware of any unauthorised use or copying of the whole or part of any of the Service by any person.

3.4 The Customer agrees that it will not, without written permission of the Provider: i) grant sub-licences in respect of the Service; or ii) permit any third party (other than its employees) to access or use the Service.

3.5 The Customer may grant access credentials to employees authorised by the Customer to access and use the Service. The Customer remains liable for all use or misuse of the Service or a breach of this Agreement occurring through use by a party of access credentials. The Customer must promptly notify the Provider of any unauthorised use of the Service of which the Customer becomes aware.

4. Acceptable uses

The Customer must use the Service responsibly and in accordance with the law. It is the Customer responsibility to, and the Customer must:

4.1 use the Service in a manner that does not violate any applicable laws or regulations, including respecting the legal protection afforded by copyright, trade mark, license rights and other laws related to data accessible via the Service;

4.2 use the Service in a manner which does not interfere with or disrupt other customers of the Service or their services or equipment; and

4.3 refrain from acts that waste resources or prevent other customers from receiving the full benefit of the Service.

5. Unacceptable uses

5.1 The Customer agrees that the Customer is responsible for the Customer’s own conduct while using the Service and for any consequences arising from such conduct.

5.2 The Customer must not use the Service in any way that breaches local, state, federal or international laws or regulations. Without limiting that, the Customer must not: i) violate copyright, trade mark or other intellectual property rights of the Provider or any third parties; ii) illegally store, use or distribute software owned by or licensed to the Provider; iii) transmit threatening, obscene or offensive materials; iv) commit fraud; v) gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the internet; vi) damage, modify or destroy any of the Provider’s or any other person’s files, data, passwords, devices or resources; vii) make an unauthorised transmission of confidential information or data which is protected by trade secrets; viii) engage in misleading or deceptive on-line practices; ix) store any personal information without their prior consent of the person to which that information relates; x) impersonate any person or misrepresent the Customer identity or affiliation with any person; or xi) attempt to do any of these things.

5.3 The Customer must not use the Service to or attempt to interfere with or disrupt the Service or other customers’ services or equipment. In particular, the Customer must not: i) initiate or spread computer worms, viruses or other types of malicious programs; ii) make transmissions of any type or quantity which adversely affect the operation of the Service or jeopardise the use of the Service, or its performance for other customers; iii) violate or attempt to violate the security of the Service; iv) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Provider or any of the Provider’ providers or any other third party (including another customer) to protect the Service; or v) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide and operate the Service.

6. Provider rights

6.1 The Provider may (but is not obliged to) monitor the Customer use of the Service to determine whether these Terms are being followed. If the Provider monitors the Customer’s use, the Provider will safeguard the Customer’s privacy unless doing so would involve the Provider concealing a criminal offence or inhibiting the enforcement of these Terms.

6.2 If the Provider becomes concerned that the Customer’s use of the Service may break the law or is inconsistent with these Terms, the Provider will attempt to contact the Customer before taking action except where such contact may be considered a contravention of another law.

6.3 If the Provider believes that the Customer’s use of the Service may break the law or that the Customer have not complied with these Terms, the Provider may: i) notify the Customer by email; ii) suspend or terminate the Customer’s access to the Service without notice; and/or iii) notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

6.4 If the Provider takes action under these Terms, the Provider reserves the right, in its sole discretion, to delete any or all of the Customer’s data, software or other content stored by the Provider.

7. Fees and payments

7.1 The Customer will pay any fees for the Service by in accordance with the provision specified in clause 7.2 or 7.3.

7.2 Payment by Invoice

The Customer will pay any Invoice within 14 days of the date of that Invoice (“Payment Terms”). Failure to pay any Invoice in accordance may result in the Provider suspending the Customer’s access to the Service. At the discretion of the Provider, the Provider may restore a Customer’s access following payment of any outstanding Invoice.

7.3 Automatic reoccurring payment

The Customer will pay the fees for the Service in equal monthly instalments automatically deducted from the payment card provided by the Customer to the Provider at the time of entering into these Terms. Where a payment is attempted against the provided payment card and fails (“Failed Payment”), the Provider will attempt the charge the Customer’s payment card again within 7 days of the Failed Payment. Where an attempt to charge the Customer’s payment card fails for a second time, the Provider may, without notice, suspend the Customer’s access to the Service. At the discretion of the Provider, the Provider may restore a Customer’s access following payment of any outstanding fees by the Customer.

7.4 All amounts due and payable to the Provider for the Service are inclusive of goods and services tax.

7.5 The Provider may pass on any costs it incurs in processing payments received from the Customer.

7.6 The Provider may vary the fees it charges the Customer for use of the Service from time to time. Where the Provider intends on increasing the fees payable for the Service, it will provide 14 days’ written notice of such an increase (“Variation Notice Period”). The Customer may, at no cost, terminate these Terms and cease its acquisition of the Service during the Variation Notice Period.

7.7 Time is of the essence for this clause 7.

8. Privacy

The Provider collects, handles, processes, and uses personal information in accordance with its privacy policy, available at https://weddingbookingsystem.com.au/privacy-policy.

9. Warranties and Liability

9.1 To the maximum extent permitted by law, the Provider: i) does not make or provide any representations or warranties relating to the Service or any use of the Service; ii) makes no representations or warranties as to the online availability of the Service; and iii) will not be responsible in any way for the lack of or interruption to the availability of the Service or any services which are provided on the Service.

9.2 To the maximum extent permitted by law, the Provider excludes all warranties or guarantees that may be implied in connection with the Service.

9.3 To the maximum extent permitted by law, the Provider will not be responsible for any interruption to or reduction or lack of performance in the Service however caused, but the Provider will use commercially reasonable endeavours to maintain the performance of the Service where this is within the Provider’ direct control.

9.4 To the maximum extent permitted by law, the Customer indemnifies and keeps indemnified the Provider against any and all claims suffered or incurred by the Provider arising out of: i) any negligent act or omission of the Customer; or ii) any breach by the Customer of these Terms or any applicable law, except to the extent that the claim results from the negligence, fault or wilful misconduct of the Provider.

9.5 To the maximum extent permitted by law, the Provider indemnifies and keeps indemnified the Customer against any and all claims suffered or incurred by the Customer arising out of: i) any negligent act or omission of the Provider; or ii) any breach by the Provider of these Terms or any applicable law, except to the extent that the claim results from the negligence, fault or wilful misconduct of the Customer.

9.6 Notwithstanding anything in this clause 9, under no circumstances whatsoever will either party be liable for any indirect or consequential loss or damage (including loss of profit or loss of opportunity) whatsoever.

9.7 These limitations and indemnities continue after the expiration or termination of these Terms.

9.8 The Provider’s liability to the Customer under these Terms in connection to the supply of the Service is capped at the sum of all monies paid by the Customer to the Provider in the 12 months preceding any claim.

10. Intellectual property

10.1 All intellectual property in the Service, including copyright, any trade marks and any other intellectual property rights in or associated with the Service, but excluding any data or other information on the Service originated by third parties, is owned by or licensed to the Provider.

10.2 Despite clause 9, the Customer indemnifies the Provider against any loss or damage it may suffer as a consequence of any infringement of the Provider’s intellectual property rights by the Customer.

10.3 The Customer must not do or allow any third party to do anything that may infringe, damage or endanger the Provider’s intellectual property rights or the intellectual property rights of a third party regarding the Service.

10.4 The Customer are responsible for the content and material that the Customer upload to or transmit through the Service, including its legality, reliability and appropriateness. The Customer should only upload content and material that the Customer either owns, has created or has the right to use and publish.

11. Termination

11.1 Either party may terminate these Terms upon 30 days’ notice in writing to the other party.

11.2 These Terms may be immediately terminated by the Provider if: i) the Customer is in breach of these Terms and fails to remedy that breach within 14 days of receiving notice to do so; ii) the Customer fails to pay any amount outstanding to the Provider; or iii) the Customer becomes bankrupt or insolvent.

11.3 Notwithstanding clause 11.1, either party may terminate these Terms immediately by written notice to the other if: i) a defaulting party commits a material breach of these Terms and that breach is not rectified within 30 days of being notified; or ii) the defaulting party is presumed insolvent within the meaning of any applicable law, is made bankrupt, is placed into liquidation or any other form of administration relating to insolvent debtors or has a third party take possession of any substantial asset(s) of the defaulting party or if any proceedings are issued or an event occurs intended to lead to any of those consequences.

11.4 If the Provider terminates these Terms pursuant to this clause 11, all monies owing and/or outstanding by the Customer to the Provider become immediately due and payable without notice.

12. General

12.1 These Terms are to be governed and interpreted in accordance with the laws of the State of New South Wales. The parties agree to submit themselves to the non-exclusive jurisdiction of the courts of New South Wales and any competent appellate courts.

12.2 No party is liable for any failure to perform its obligations under these Terms if the failure or delay is due to anything beyond that party’s reasonable control. If that failure exceeds 30 days, the other party may terminate these Terms with immediate effect by giving notice to the other party. This clause does not apply to any obligation to pay any sum owing to the Provider by the Customer in accordance with these Terms.

12.3 The Provider may amend these Terms (including the price payable for the Service) by providing the Customer no less than 14 days’ written notice (“Variation Notice Period”). The Customer may, at no cost, terminate these Terms and cease its acquisition of the Service during the Variation Notice Period.

12.4 The Provider may assign their interests under these Terms with 14 days’ notice to the Customer. The Customer may only assign their interest in these Terms with the prior written consent of the Provider, which must not be unreasonably withheld.

12.5 Every provision of these Terms will be deemed severable as far as possible from the other provisions of these Terms. If any provision is found to be void, illegal or unenforceable for any reason, it will be deemed to be severed and omitted from these Terms. These Terms with the offending provision severed and omitted and with any consequential amendment necessary will otherwise remain in full force.

12.6 Nothing in these Terms will be construed as constituting a party as the partner, joint venturer, employee, or agent of the other party.

12.7 These Terms contains the entire agreement between the parties in respect of the subject matter of these Terms. These Terms supersedes any prior agreement or understanding (if any) between the parties and there is no collateral or other form of agreement between the parties in relation to the subject matter of these Terms.