Terms and Conditions for Venues
1.1 The website www.ourweddingdate.com.au (“Our Wedding Date ”, “we”, “us”, “our”, or “the Website”) is operated and administered by Our Wedding Date ABN 44 839 428 829 and its agents, employees, contractors and licensees (“the Business”).
1.2 We provide the services available on the Website to you or any authorised representative (“the Venue”) subject to the following terms and conditions (the “Terms and Conditions”).
1.3 By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by the Terms and Conditions.
1.4 The Website and the Terms and Conditions shall be governed by law and construed in accordance with the laws in the State of Western Australia.
1.5 We shall have the right, at any time, to change, modify or vary any content or material uploaded or posted by the Venue or the Business on this Website.
2. Your Account
2.1 Following the creation of your account and the commencement of your subscription period you agree to create your Venue listing and all compulsory fields therein, set your Venue calendar availability and provide a minimum of three (3) images of your venue for the listing within five (5) business days.
2.2 We agree to promote the Venue’s available dates on the Website provided you ensure you update the Website regularly and at least weekly, except where the availability has not changed since the last update basis, to ensure the Website accurately reflects the availability of the Venue to users.
2.3 You acknowledge and agree that on receipt of an enquiry via the Website for a wedding date, the Venue will contact the enquirer within 48 hours.
2.4 As per 1.5 Our Wedding Date may change, modify or vary any content including deletion of the content if the content is deemed offensive, in breach of these terms and conditions and/or breaches any laws at the discretion of Our Wedding Date.
2.5 Our Wedding Date may require you to provide amended content as per 2.1 within 3 business days of receiving notice of the request.
2.6 In the event you fail to comply with the amendment notice you will forfeit any monies paid with any refund payable in part or full to be at the absolute discretion of Our Wedding Date.
3.1 All information provided by the Venue is to be truthful and accurate.
3.2 This Website is to be used for lawful purposes only and not to sell, distribute, decompile, reverse engineer or otherwise deal with the Website and the material and content contained therein without our express written consent.
3.3 You acknowledge that you will receive and control confidential and personal information as a result of this relationship. You agree to keep this information safe and secure, to use it only for the purposes of booking a wedding and not to release it or forward it without our prior approval.
3.4 You will keep your user name and login details for the Website private and confidential and notify us immediately if you become aware of any misuse of your login details.
3.5 You agree to pay any applicable fees and charges within the time period required by Our Wedding Date.
4.1 You acknowledge and agree to pay any applicable subscription renewal fees, the “Renewal Fee” on or before the expiry of the current subscription period by Paypal or credit card.
4.2 It will be the responsibility of you, the Venue, to confirm the current applicable Renewal Fee before processing payment in accordance with 4.1.
4.3 Failure to pay the renewal fee within the required period as per 4.1 will result in termination of your account at the end of the subscription period.
4.4 Following payment of the Renewal Fee you will be bound by Terms and Conditions and any subsequent amendments to the terms herein as per clause 4.
5. Amendments to ‘Terms and Conditions’ and ‘Fees and Charges’
5.1 We reserve the right to amend the Terms and Conditions at any time, including, but not limited to, adding and or increasing fees and charges for use of the Website.
5.2 Such changes shall be effective immediately upon notification on the Website.
5.3 Your continued use of our website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
5.4 Any increase in fees must be paid within the time contained in the notice as per 5.2 above.
5.5 Your account may be suspended until such time that all fees and charges are paid in full.
5.6 You agree to pay all costs (including legal fees) incurred by Our Wedding Date in collecting any unpaid subscription fees or other charges from you.
6.1 You acknowledge that unless otherwise indicated, all rights (including copyright) in the material and content and the compilation of the website and online images are owned or controlled and reserved by us.
6.2 You agree to only provide material including but not limited to photographs that you have the rights to and agree to give Our Wedding Date the rights to display the material.
6.3 You agree that we may use the material you provide (comprising photos) including but not limited to the promotion of Our Wedding Date.
6.4 By submitting photographs in order to list a venue on the Website you warrant you are the owner of those photographs and you grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such photographs (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such photographs. You also permit others to access and store or reproduce the material for personal use.
7. Limitation of liability
7.1 You hereby indemnify and release Our Wedding Date from but not limited to all actions, demands, claims, loss, expenses and damages arising out of your use of Our Wedding Date including but not limited to breaching any third parties intellectual property rights, any other person using your login details to access your account, any error omission, deletion or otherwise contained on the Website.
7.2 In the event where the Website is not accessible by you or users for any period of time whatsoever Our Wedding Date will not be liable for any such down time of the Website and you absolve Our Wedding Date of any potential liability and/or claim arising out of any down time of the site.
8. Termination or Cancellation of your Account
8.1 Should you not choose to renew your account with Our Wedding Date you are required to give one calendar month’s notice in writing before the end of your current subscription period at the end of which your Venue and any related material will be removed from the Website.
8.2 You agree that under no circumstances will any account fees paid to Our Wedding Date be refunded should you choose to have your Venue removed from the Website before the end of the subscription period for any reason whatsoever as the subscription is a prepaid agreement and any request for removal from the site and cancellation of your account must be done so in writing.
8.3 We may immediately cancel your account without notice or liability (including for any refund) if we determine that you have breached any portion of these Terms and Conditions or your use or access of the Website violates any applicable law or inhibits any other subscriber from using the Website.
8.4 We reserve the right to cancel your account for any reason, provided that we give you written notice of the cancellation and, in the event of cancellation, pay you a pro-rata refund for the outstanding portion of your subscription period.
8.5 You have the right to cancel within 10 days of you entering into the agreement with Our Wedding Date, the “Cooling Off Period”.
8.6 Our Wedding Date will refund any monies paid by you in the event you cancel within the cooling off period following receipt of a written cancellation request made by you within the Cooling Off Period.