WEDFIND TERMS OF SERVICE
Last Updated: July 20 2016
Failure to comply with these terms may subject you to criminal penalties.
1. Key Terms
“Account Password” means a combination of letters, numerals and/or symbols created by us or by the Vendor and/or User for the purpose of accessing and updating their Vendor account and/or their Wedding Planning account, described under “Vendor Account” and “Wedding Planner Account” below.
“Content” means text, graphics, images, music, software (excluding the Mobile Application), audio, video, information or other materials.
“Enquiry” means an enquiry made by the User via the Website, Mobile Application, or Services to the Vendor or Wedfind, for the purpose of acquiring the services of the Vendor and/or Wedfind.
“Listing” means an Listing that is published by a Vendor and/or Wedfind accessible via the Website, Mobile Application, and Services.
“Vendor” means a business with a listing published on the Wedfind Website.
“Vendor Account” means an account created for or by a Vendor, who completes Wedfind’s account registration process, as described under “Account Registration” below, or has an account created for them on their behalf, including but not limited to Vendors who advertise on Wedfind.
“Vendor Content” means all Content that a Vendor posts, uploads, publishes, submits, transmits, or provides for inclusion in their Listing, Vendor profile or Wedfind promotional campaign to be made available through the Site, Application or Services.
“Wedding Planner Account” means an account created for or by a User, who completes Wedfind’s account registration process, as described under “Account Registration” below, or has an account created for them on their behalf, including but not limited to persons in the process of planning a wedding, who freely choose to visit and/or use Wedfind.
“Wedfind Content” means all Content that Wedfind makes available through the Site, Mobile Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Vendor Content.
“User” means any visitor to the website, regardless of whether or not they have completed Wedfind’s account registration process.
2. Terms of Service
Wedfind (ABN: 80 854 643 054) owns and operates the Website at www.wedfind.co & the mobile application ‘Wedfind’ available via the App Store & Google Play Store. Throughout the Website, the terms “we”, “us” and “our” refer to Wedfind. Wedfind offers this website, including all information, tools and services available from this Website & mobile application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing or using any part of the Website and/or Mobile Application or services or by downloading or posting any content from or on the Website, via the Mobile Application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Website and Mobile Application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Wedfind reserves the right, at its sole discretion, to modify the Website, Mobile Application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Website and Mobile Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Website, Application or Services after we have posted a modification on the Website or via the Application, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website, Application and Services.
4. How the Website, Mobile Application & our Service works
The Website, Mobile Application and Services can be used to search for businesses in the wedding industry for the purpose of engaging their services. The Website, Mobile Application and Services can also be used to input and save wedding plans, acting as a useful tool for couples. Unregistered users can view all Listings, but must create a Wedding Planner Account to access Wedding Planner features. Vendors must either create a Vendor Account, or have one created on their behalf, to be listed on Wedfind.
Wedfind facilitates the discovery and initial contact between Vendors and Users, it does not manage bookings, nor does it own, manage and/or control the businesses listed. Unless explicitly specified otherwise in the Wedfind Website, Mobile Application or Services, Wedfind’s responsibilities are limited to facilitating the availability of the Site, Mobile Application and Services.
Wedfind Vendors display their work on the Website and Mobile Application largely through images. Vendor Content is submitted to Wedfind on the basis that the images are credited to the original photographer or the Vendor has express permission of the photographer to use these images to feature their work. Wedfind does not, and cannot control the validity of credits supplied for Vendor Content, and Wedfind Vendors enter into an agreement when supplying images for their Listing that they either have express permission for those images to be featured on Wedfind, or each image is supplied to Wedfind with a photographer credit, visible by opening the image gallery.
5. Intellectual property & copyright
5.a. Wedfind owns all intellectual property rights in the Website and the Listing, including information, graphics, design and software, and code, except where the Vendor has provided its own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website and Mobile Application.
5.b. Vendors must obtain the permission from the owner of any intellectual property in any third party material incorporated into your Listing prior to submission of the Listing. By submitting images for your Listing, you agree that you have the permission of the photographer. Wedfind accepts no responsibility for images used by its Vendors, who declare that they are not infringing on copyright and have the photographer’s permission to use the images on www.wedfind.co & in the Wedfind application, prior to uploading images to their Listing.
5.c. In the event permission to use intellectual property has not been sought or images have been misused, Wedfind accepts no legal responsibility and by submitting the images to Wedfind the Vendor has entered into an agreement that they have the necessary permission to use the images and/or provided correct image owner attribution. Wedfind takes image copyright and misuse seriously, and if you believe your images have been stolen or used without permission you can contact firstname.lastname@example.org the removal of these images from our platform. Any further issues surrounding the misuse of photographs should be taken up between the owner of the images and the Vendor. Wedfind accepts no further responsibility beyond removing the images from our platform.
5.d. In the interest of marketing your business, you grant Wedfind a world-wide, royalty free, irrevocable licence to publish, and to sub-licence the publication of, all material submitted to Wedfind as part of the Listing in any form or medium, including print, online or otherwise. You warrant that you are authorised to grant this licence.
6. Vendor Terms
6.a. Ownership Wedfind reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
6.b. Vendor Content Wedfind makes no representation or warranty for the services and information listed by Vendors, it is the Vendor’s sole responsibility to maintain a true and correct Listing.
6.c. Vendor Information Wedfind does not accept responsibility for any inaccuracy or error in the information provided in Vendor Listings. Wedfind takes due diligence to verify the businesses listed within, but relies on the Vendor to provide true and correct information.
6.d. Vendor Warranties
Vendors warrant that all material submitted by you for publication on the Website and application 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 Wedfind or the Website.
6.e. Wedfind liabities Wedfind 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 negligent act or omission of Wedfind;
- the provision by the Vendor to Wedfind of incorrect contact details which results in Wedfind being unable to forward enquiries received from visitors to the Website to the relevant Vendor; or
6.f. Wedfind Limitation Wedfind 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 Vendor’s business, howsoever caused.
6.g. Wedfind Warranty Wedfind does not warrant or represent that:
- the Website will be accessible at all times,
- any information (including hyperlinks) contained on the Website is accurate or suitable.
- previous website visitor and app user statistics guarantee and/or predict future statistics
6.h. User Information Vendors agree that information and client details provided to them by Wedfind must be kept confidential and must not be published or distributed to others.
6.i. Privacy Vendors 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 Vendor through the Website or Mobile Application.
7.a. The Vendor releases, indemnifies and will keep indemnified Wedfind, 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 Wedfind arising out of:
- a breach of these Terms and Conditions by the Vendor;
- any wilful, unlawful or negligent act or omission of the Vendor;
- the publication by Wedfind or any other person of any material supplied by the Vendor; and
- breach by the Vendor of any laws or legal obligations, including the Competition and Consumer Act 2010, any state-based Fair Trading legislation.
8. User Terms
8.b. Ownership The Website, Mobile Application, Services, and Content are protected by copyright law. You acknowledge and agree that the Site, Mobile Application, Services and Content, including all associated intellectual property rights, are the exclusive property of Wedfind and its Vendors. You will not remove, copy, alter or obscure any copyright, service mark or other proprietary rights notices incorporated in or accompanying the Website, Application, Services, or Content.
8.c. Wedding Planner Account It is the sole responsibility of the User to make backups of their Wedfind Planner Account. This feature is easily accessed by using the Share via Email feature. Wedfind makes every effort to provide a reliable service, but does not guarantee the availability, security or stability of the Service at all times.
8.d. Wedding Planner Account Security It is the sole responsibility of the User to secure their account, update their password regularly and not save login credentials on public computers and/or devices.
8.e. Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Mobile Application and Services, via our Contact page.
8.f. Wedfind Mobile Application
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
- You acknowledge and agree that (i) these Terms are concluded between you and Wedfind only, and not Apple, and (ii) Wedfind, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Wedfind and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Wedfind.
- You and Wedfind acknowledge that, as between Wedfind and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Wedfind acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Wedfind and Apple, Wedfind, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and Wedfind acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
8.g. Links The Website, Mobile Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Wedfind is not responsible or liable for the availability or accuracy of such websites or resources; and/or the content, products, or services on or available from such websites or resources.
9.a. We reserve all our rights to the extent that they are not reserved by the Terms.
9.b. As set out in Clause 3, we may update these terms at any time, without prior notice.
9.c. Your continued use of the Website, Mobile Application, or Services, indicates your acceptance of any amendment we make to these Terms.
9.d. These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia and the parties irrevocably submit to the courts of or in that State (including the Federal Courts) and the courts that hear appeals from those courts.
9.e. If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.