a. Thank you for visiting this website owned and operated by us, My Wedding Group Pty Ltd t/as “Weddings Dot Melbourne”. We hope that you enjoy everything that our website has to offer. Specifically, we note that you may choose to use the Portal offered on our website to design your own webpage (whether for a fee payable to us, or for free as a result of a promotion that we offer);
b. By accessing and using our website whether to design your own webpage or for any other reason, you accept and agree to be bound by these Terms (which are intended to be binding under the laws of Victoria) and accordingly you should review them carefully. If you do not accept these Terms you must close our website and discontinue your use of our website and any webpage that you have designed using the Portal;
d. We reserve the right to change these Terms at any time without notice. Please review these Terms regularly to ensure you are aware of any changes that we make. Your continued use of our website or (or your hosting of a website designed by using the Portal) after notice of an amendment to these Terms will constitute acceptance of the amendment to these Terms.
e. By accessing or using our website or any of its features you agree that you are:
i. At least 18 years of age; and
ii. Genuinely engaged to be married; and
iii. Ordinarily a resident of the State of Victoria, OR;
iv. An invited user on a main user’s account (invited user’s are also subject to any applicable terms under this document).
In these Terms:
a. Copyright Infringement Claim means a notice to us which includes:
i. the identification of your copyrighted work which has allegedly been infringed on Crowded;
ii. a description of the alleged infringing content on our website;
iii. your name, address and contact details so that we may contact you if further investigation of your claim is required; and
iv. declarations that:
1. you have not at any time granted permission, either directly or pursuant to these Terms, for us to use your copyrighted work; and
2. the information provided in the Copyright Infringement Claim is accurate and truthful.
b. Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in our website;
c. Portalmeans the platform offered on our website by which you can design and arrange hosting of a webpage relating to your wedding;
e. Service Provider means any external party whose services are advertised or referenced on this website, or whose website can accessed by a way of a link posted on this website;
f. Terms means these terms and conditions between you and us.
4. Use of Services offered on our website
You acknowledge that we (either directly on our website or via links displayed on our website) provide information about services provided by third party individuals and entities as well as contact information in relation to those third parties. As such, you:
a. Acknowledge that we offer no warranty as to the level of service, reliability or quality of products offered and provided by any third party referenced on our website;
b. Agree that you are responsible for verifying any information about the products and services shown on our website and provided by third parties. You undertake to verify all information about the goods and/or services that you purchase with the actual provider of those goods and/or services prior to purchase.
To the extent permitted by law, we will not be responsible for any deceptive or misleading information provided on our website in relation to goods and/or services offered by third parties.
c. Release us from all liability in relation to a claim that arises from your dealings with a third party who lists information (including contact information and services offered) on our website; and
d. Acknowledge that we are unable to guarantee the security of any information that you provide to a third party (such as payment or personal information) and will not be liable for any loss arising as a result of that information being accessed by any party .
We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites as referred to in clauses 4(a)-4(d).
5. Designing a webpage with us
a. We offer a service whereby you may (subject to clause 6 and these Terms in general) design a webpage for your wedding using the Portal. We generally offer this service for a fee of $99.00 but may from time to time provide a promotional offer up to and including provision of this service for free; and
b. If you pay the full price set out above, we will (subject to these Terms) continue hosting your webpage for at least one year after your wedding date (that date being nominated by you at the time of designing your webpage). If you design your webpage using a promotional offer, we will host your webpage for at least six months after the date of your wedding (that date being nominated by you at the time of designing your webpage). However:
i. We may at our discretion continue hosting a webpage for longer than the periods set out above; and
ii. We will incur no liability (except where required by law, an obligation to refund any fee paid) if we are unable to host your webpage for the minimum time set out above.
6. Purpose of designing a webpage
a. In order to design a webpage using the Portal you must be:
i. At least 18 years of age; and
ii. Genuinely engaged to be married; and
iii. Ordinarily a resident of the State of Victoria; OR
iv. Be an invited user on the main user’s account.
b. By designing a webpage using the Portal you warrant that you are designing a webpage for your personal wedding only, and not for commercial purposes (although you may offer links to wedding registries or goods or services which genuinely relate to your wedding).
c. If you design a webpage using the Portal you:
i. must ensure that any links that you display on your webpage are to reputable entities and individuals;
ii. must not allow your webpage to be used for fraud or by individuals or entities engaging in deceptive or misleading conduct, and must not engage in any such conduct;
iii. ensure that all information on your webpage is accurate and up to date;
iv. must not improperly use the intellectual property of any third party; and
v. must ensure that the webpage that you design does not contain any material which is offensive, obscene, racist, or which could otherwise bring your or our reputation into disrepute and does not contain links to any webpage that is obscene, racist, or which could otherwise bring your or our reputation into disrepute.
d. You agree indemnify us against any claim arise from you breaching any warranty in this clause 5; and
e. We will incur no liability as a result of the failure of the Portal, or the removal of any webpage that you design using the Portal, or as a result of any security breach in relation to the Portal or a webpage that you design using the Portal.
6. Currency of Information
We do not warrant that any information on our website (including but not limited to the contact details of third parties) is current or up to date.
7. Links from our website
a. If hyperlinks or links are provided on our website they are for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink or link is not an endorsement, approval or recommendation of the linked website or its content;
b. We are not responsible for the content or privacy practices associated with third-party websites and before accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely. Without limitation, this includes any funds paid on such websites over which we have no control. You acknowledge that we are not responsible or liable if such funds are lost or if the product or service for which those funds were paid is not delivered; and
c. If you click on a link (or hyperlink) to a third party website, you do so at your own risk with regard to any malicious software or program that may be installed on your browsing device.
8. Intellectual Property
By accessing and using our website you agree that:
a. You will not violate or attempt to violate the security of our website in any way;
b. We own all right, title and interest in the Intellectual Property. You will not hinder, impede, invalidate or challenge our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property; and
c. Any use, downloading, copying, adaption, modification, communication or reproduction of any part of our website or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access of our website;
9. Copyright Infringement Claims
a. If you genuinely believe that any part of our website infringes your copyrighted work you must mail a signed Copyright Infringement Claim to PO Box 14, Holmesglen, VIC 3148; and
b. We will assess your Copyright Infringement Claim in good faith and notify you of any outcome. You agree that our determination of any Copyright Infringement Claim is final.
10. Modifying and Terminating Site
a. We reserve the right to modify, update or terminate our website at any time and at Our absolute discretion, without notice or liability to you (except where required by law, to refund any fee that you paid us to host or design a webpage using the Portal);
b. Any change or modification to these Terms is effective immediately upon them being posted on our website. If any such change or modification is unacceptable to you, you must not use our website. If following any such change or modification you continue to use our website, you will be deemed to have accepted those changes or modifications.
a. We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon our website or our website’s inability to meet your needs;
b. The use of and your reliance upon our website is entirely at your own risk. When using Crowded information will be transmitted over a medium which may be beyond our suppliers’ jurisdiction or control. Information and files available from us cannot be guaranteed to be secure, free from viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any content you may transmit to us, and you agree to release us from liability for damage suffered as a result; and
c. We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of our website. For the avoidance of doubt We do not accept responsibility for any interference or damage to your electronic device which may arise in connection with your use of our website.
To the fullest extent permitted by law:
a. All conditions and warranties concerning your use of our website (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
b. We are not liable to you or to any third party for any personal injury, including death, caused by or connected to access to, use or misuse of our website; and
c. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
a. To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty;
b. Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach;
c. We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God; and
c. These Terms are governed by and construed in accordance with the law of the State of Victoria and the Commonwealth of Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria.
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