website terms & conditions of use

engaged couples/brides are encouraged to read clause 5 especially; suppliers are encouraged to read clause 6 especially.

  1. About the Website
    1. Welcome to WeddingCloud.com.au (the 'Website'). The Website introduces engaged couples (‘Buyers’) to suppliers of wedding products and services (‘Sellers’) (‘Services’).
    2. The Website is operated by WeddingCloud Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by WeddingCloud. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website or any Services immediately.
    3. WeddingCloud reserves the right to review and change any of the Terms by updating this page at its sole discretion. When WeddingCloud updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  2. Acceptance of the Terms
    1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the Site.
  3. Registration to use the Services
    1. In order to use the Services, you may be required to register for an account through the Website (the 'Account').
    2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. an email address, and
      2. personal information (such as those necessary to deliver the Service)
    3. You warrant that any information you give to WeddingCloud in the course of completing the registration process will always be accurate, correct and up to date.
    4. Once you have completed the registration process, you will be a registered user of the Website ('User') and agree to be bound by the Terms.
    5. You may not use the Services and may not accept the Terms if:
      1. you are not of legal age to form a binding contract with WeddingCloud; or
      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  4. Your obligations as a User
    1. As a User, you agree to comply with the following:
      1. you will use the Services only for purposes that are permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify WeddingCloud of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of WeddingCloud providing the Services;
      5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of WeddingCloud;
      6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised linking to the Website;
      7. you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by WeddingCloud for any illegal or unauthorised use of the Website; and
      8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
  5. Buyers:
    1. You acknowledge that WeddingCloud does not provide any of the products or services offered by Sellers, we do not endorse any Seller nor do we guarantee the quality of their goods or services. We provide Services on the Website that you can use as a resource for identifying Suppliers to provide the products and services you choose for your wedding; we advise that you conduct your own research to ensure that Sellers you ultimately choose to transact with are appropriate for you.
    2. We use techniques to help verify the identity of Suppliers when they register on our Site, however, WeddingCloud cannot and will not guarantee each Seller's identity. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered as a result of using the Website are not provided by us and are specifically and solely between you and the Seller. You acknowledge that under certain circumstances Sellers may receive contact information for you from Us in accordance with your use of the Services or under specific and separate terms and conditions governing those circumstances.
    3. You agree to select Sellers based on your free will and judgement having conducted your own research. You acknowledge that any transaction you enter into with a Seller is strictly between you and the Supplier and that WeddingCloud is not a party to any transactions between you and your selected Sellers. You will not hold WeddingCloud in any way liable for your decision to select or contract with any Seller. We do not provide any assurance or guarantee over the suitability or capability of your selected Seller to deliver the product or service you have each agreed between you.
    4. Any dispute between you and your Seller is a matter for you and your Seller and by accepting these Terms you fully indemnify WeddingCloud of any consequential losses occurring as a result, financial or otherwise, of your selected Seller doing or not doing anything that you believed they were supposed to do or not do. You agree without reservation that WeddingCloud is not a party to that dispute.
    5. In the event of a problem occurring with your Seller you have sourced and engaged through the Website before your planned wedding date, with prior written notification by you to us and to the extent that we are able to offer assistance, because your wedding day is also very important to us, we may, at our absolute discretion and with no obligation, provide reasonable efforts to mediate towards achieving an amicable outcome for all concerned including, where appropriate at our discretion, providing guidance to help you to source an alternate Seller of similar goods or services as a matter of last resort and subject without reservation to these same terms and conditions. For the avoidance of doubt, this relates solely to helping a Buyer source an alternate identical or similar product or service so as not to materially disrupt the planned wedding, not mediating or being a party to any dispute with any Seller.  
  6. Sellers:
    1. You acknowledge that WeddingCloud will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Buyers, nor are we responsible for assisting you in providing goods and services to Buyers. While all Buyers are required to provide us with accurate information about themselves in order for us to deliver our Service, we cannot and will not verify this information nor guarantee the ability of Buyers to complete payment for any of the products or services you provide. Any transaction you enter into with a Buyer is strictly between you and the Buyer and WeddingCloud is not a party to that transaction. Any dispute you have with a Buyer is between you and the Buyer and we will not be a party to that dispute.
    2. You hereby agree and acknowledge that your provision of services and/or your use of the Website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate WeddingCloud in any manner whatsoever.
  7. Payment
    1. Where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of:
      1. Electronic Funds Transfer (‘EFT’), or
      2. payment gateways as provided for by the Website (such as, but not limited to, PayPal).
    2. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions of any and each payment gateway you use, which are available on their website.
    3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
    4. You agree and acknowledge that WeddingCloud can vary the Services Fee at any time.
  8. Refund Policy
    1. WeddingCloud will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of WeddingCloud makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
  9. Copyright and Intellectual Property
    1. The Website, the Services and all of the related products of WeddingCloud are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by WeddingCloud or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by WeddingCloud, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to: (a) use the Website pursuant to the Terms; (b) copy and store the Website and the material contained in the Website in your device's cache memory; and (c) print pages from the Website for your own personal and non-commercial use. WeddingCloud does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by WeddingCloud.
    3. WeddingCloud retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
      1. (business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    4. You may not, without the prior written permission of WeddingCloud and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
  10. Protection of Intellectual Property Content
    1. The Site contains or uses copyrighted material, innovations, information, methodologies, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, "Intellectual Property Content"), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property, and We retain all applicable rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Site, including but not limited to its colour combinations, sounds, layouts, functionality and designs. You agree and acknowledge that your use of this Site does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, including but not limited to Submitted Information (as defined below) contributed by you or any other Client, or use our Intellectual Property Content in any other way for public or commercial purposes. All other trademarks, service marks and copyrights are held by their rightful owners. You may not frame or link to the Site without our prior written permission. Any material created by you that is created within and employs services provided by this Site belongs to Us and is subject to the same protection as described in this section.
    2. It is WeddingCloud policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify Us by email including the following information:
      1. The (electronic) signature of a person authorised to act on behalf of the owner of the copyright.
      2. A statement that this person is authorised to act on behalf of the copyright owner.
      3. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorised either by the copyright owner, by the owner's agent, or by law;
      4. A description of the copyrighted work that you claim has been infringed, and a description of and/or link to where the allegedly infringing material is located on the Site; and
      5. Your address, telephone number and e-mail address.
    3. We will process and investigate all notices of alleged infringement, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorised, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief before we replace or restore access to any material.
  11. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. WeddingCloud will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of WeddingCloud make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of WeddingCloud) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Services or any of the products of WeddingCloud; and
      4. the Services or operation in respect to links which are provided for your convenience.
  12. Limitation of liability
    1. WeddingCloud's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    2. You expressly understand and agree that WeddingCloud, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  13. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by WeddingCloud as set out below.
    2. If you want to terminate the Terms, you may do so by:
      1. providing WeddingCloud with 14 days' notice of your intention to terminate; and
      2. closing your accounts for all of the Services which you use, where WeddingCloud has made this option available to you. Your notice should be sent, in writing, to WeddingCloud via the 'Contact Us' link on our homepage.
    3. WeddingCloud may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms or intend to breach any provision;
      2. WeddingCloud is required to do so by law;
      3. the provision of the Services to you by WeddingCloud is, in the sole opinion of WeddingCloud, no longer commercially viable.
    4. Subject to local applicable laws, WeddingCloud reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts WeddingCloud's name or reputation or violates the rights of those of another party.
  14. Indemnity
    1. You agree to indemnify WeddingCloud, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
      3. any breach of the Terms.
  15. Dispute Resolution
    1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
    2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
      1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of [need to find a regulatory body] or their nominee;
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. The mediation will be held in Queensland, Australia.
    4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  16. Venue and Jurisdiction
    1. The Services offered by WeddingCloud is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
  17. Governing Law
    1. The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  18. Independent Legal Advice
    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  19. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.