Terms & Conditions
Disclaimer: the acceptance of an offer by a business to advertise within a Regional Website by submission of a Application to Advertise Booking Form is at the sole discretion of Our Wedding™, there will be no recourse by a potential Advertiser if the Booking Form Application to Advertise is not accepted. Our Wedding™ reserves the right to reject without prejudice a submission by Application to Advertise without qualification.
If accepted by the Our Wedding™, the return of a completed Application to Advertise Booking Form and or by Payment confirm that: by completing and returning the Application to Advertise Booking Form you are agreeing with the Terms & Conditions of Our Wedding™.
1. General Terms & Conditions
1.1 Wedding Marketing Group Pty Ltd ABN 141 161 352 638 trading as Our Wedding™ now known as “The Marketer”.
1.2 A person or individual vesting the “Website” is known as a “Visitor”.
1.3 Reference to “Website” refers to an Online Platform promoted by Our Wedding™. “Advertiser” refers to a party who has entered into an agreement with “The Marketer” by a Booking Form Application or Contract that has been accepted by “The Marketer” for a Directory Listing as provided on the “Website” by “The Marketer”. “Advertiser” refers to a party who has entered a contract (verbal or written) or an activity with “The Marketer”. “Sponsor” refers to a party that has entered a contact either (verbal or written) or an activity with “The Marketer” to sponsor an activity with “The Marketer”.
1.4 On acceptance of an “Advertiser” by “The Marketer”, the signing or Submission Electronically of a valid Booking Form Application or Contract relating to a “Website” or other activity organised by “The Marketer” constitutes acceptance by the “ Advertiser or Sponsor” of the Terms & Conditions set out herein.
1.5 These Terms & Conditions replace any and all previous Terms & Conditions made by “The Marketer”.
1.6 It is acknowledged that these Terms & Conditions can be amended from time to time, but will not be amended during the currency of the Booking Form Application or contract until completion of an Agreement time line or other activity to which the Booking Form Application or contract relates to or applies. It is the responsibility of the “Advertiser” to ensure that they have the most current version of the Terms & Conditions.
1.7 These Terms & Conditions take precedence over any customer Terms & Conditions that an “Advertiser or Sponsor” may have reliance upon during the term of the Booking Form Application or contract until completion of Agreement or other activity to which the Booking Form Application or contract relates.
1.8 “The Marketer” cannot be held liable for any loss or liability as a result of: (a) an act of God; (b) war or terrorism; (c) civil or military actions; (d) natural disasters; (e) strikes; (f) utility supply and equipment failure; (g) insufficient take up by advertisers; (h) lack of enquiries or sales by Advertiser from Website; (i) causes beyond the control of “The Marketer”.
1.9 Except as stated herein, “The Marketer” makes no representations, conditions or warranties in relation to the “Website”
1.10 In the event that any part of these Terms & Conditions are not legal or are deemed unenforceable, they are removed but all other terms and conditions will remain in full force and effect.
1.11 Any references to time within these Terms & Conditions means as soon as possible, unless otherwise stated.
2.0 THE MARKETERS RIGHTS AND RESPONSIBILITIES
2.1 As a “Visitor” you agree and acknowledge that the “Advertisers” (Wedding Businesses) is and remains wholly and solely responsible for making available their services, and the “Marketer” does not assume any responsibility or liability in this regard their availability or business protocol.
2.2 The “Marketer” makes no representation or warranty as to the quality, merchantability, fitness of purpose to description, fit or suitability of any “Advertiser” services or claims.
2.3 Any “Advertiser” Directory Listing appearing on the “Website” is intended to be indicative only and is subject to change without notice.
2.4 Any information on the “Website” is, and is intended to be, general in nature, and should not be relied upon without first making such independent enquiries as to the accuracy of the information as may be appropriate. Any photographs or other visual depictions are intended to be indicative only. Whilst we take every opportunity to verify the information provided to us by the “Advertiser”, we rely on the “Advertiser” to provide us with information that is accurate and we do not accept liability for errors or inaccuracies in the information provided to us by the “Advertiser/s”.
2.5 “The Marketer” does not take any responsibility and cannot be held accountable for use of images In a Directory Listing where there has not been authorisation from photographer. It is the sole responsibility of the “Advertiser” to provide images that have been approved from photographers.
2.6 The “Marketer” does not guarantee “Website” visitor numbers or the level of commercial activity from the “Website” or be responsible for any economic loss.
2.7 The “Marketer” reserves the right to cancel or remove an “Advertisers” Directory Listing if it found that the information is misleading or fraudulent. Any loss incurred by the “Advertiser” due to the above action shall not realise compensation or refund or any form of responsibility by the “Marketer”.
2.8 Placement of an “Advertisers” Directory Listing will be on a first In First Served Basis. The “Marketer” reserves the right to move, delete or add Directory Listings and/or make the final determination on all Directory Listing assignments or other arrangements without prior consultation with the advertiser, or Sponsor.
2.9 The “Marketer” does not guarantee exclusivity of products or services and cannot guarantee that similar products or services will not be included in the “Website”. (Unless specified to the “Advertiser” in writing)
2.10 The “Marketer” accepts no responsibility or liability whatsoever for the offers made either verbally or written outside the standard offer for the “Website”. Exclusivity of “Advertiser” Types is totally at the discretion of the “Marketer” and decisions in this regard may vary from time to time and solely at the discretion of the “Marketer”.
2.11 “Advertisers” and Sponsors indemnify the “Marketer” against all claims against the “Marketer” for breach of warranty, third-party intellectual property rights or any other liability that the “Marketer” may otherwise be exposed to relating to information or images about a product or service released to the “Marketer” on behalf of or by the “Advertiser” or Sponsor.
2.12 The “Marketer” reserves the right to cancel an “Advertiser’s” or “Sponsor’s” Directory Listing in a “Website/s” if the “Marketer” believes there has been a breach by “Advertiser” or “Sponsor” of their responsibilities as per these the Terms & Conditions. Any such cancellation by the “Marketer” in this regard is deemed a formal cancellation and fees and charges will apply to the cancellation as per these terms and conditions.
2.13 If the “Marketer” believes there to be a breach of the Agreement / Contract or activity by the “Advertiser” or “Sponsor”, the “Marketer” will give the “Advertiser” or “Sponsor” reasonable time to remedy such breach, such reasonable time will be advised to the “Advertiser”, or “Sponsor” at the time of the notification. In the event that the remedy sought by Organiser does not satisfy the Organiser as to the remedy of the breach by the “ Advertiser” or “Sponsor”.
2.14 The “Marketer” acknowledges that there are limitations on numbers of “Advertises” or ‘Sponsors” on “Websites” in respective Business Categories, these will vary from Website to Website, confirm with the “Marketer” prior to committing.
3.0 ADVERTISERS AND SPONSORS RIGHTS AND RESPONSIBILITIES
3.1 No “Advertiser” or “Sponsor” shall assign, sublet or share or give favour in a Directory Listing to another business or firm unless approval has been obtained from the “Marketer” in writing.
3.2 The “Advertiser” agrees to indemnify the “Marketer” with respect to loss, damage or claims as a result of a breach of contract, claims associated demonstration of products and selling goods or services that misrepresent or infringe upon intellectual property rights that may arise as a result of any act of the “Advertiser” or “Sponsor” and/or default or omission on the part of the “Advertiser” or “Sponsor”.
4.0 CHARGES AND PAYMENTS
4.1 A Non-Refundable full payment for a Directory Listing payable upon return of your completed Booking Form Application.
4.4 The “Advertiser” or “Sponsor” acknowledges that a Directory Listing is NOT confirmed until full payment is received for the Directory Listing.
4.5 “Advertisers” and “Sponsors” acknowledge that payments made by use of credit card facilities (Visa, MasterCard and American Express) will incur an additional processing surcharge fee as set out in the Tax Invoice provided to the “Advertiser” or “Sponsor”.
4.6 At the conclusion of the current Agreement the “Advertiser” or “Sponsor” acknowledges that a minimum of 30 Days’ Notice must be given to cancel their Directory Listing on a “Website” if notice is not given it is deemed that the “Advertiser” or “Sponsor” wishes to subscribe for another twelve (12) months Adverting Period and agrees that charges for the new period will be put against the Credit Card that was supplied in the initial agreement. This will continue until the “Advertiser” or “Sponsor” confirms their intentions to cancel their Directory Listing in writing.
4.7 The “Marketer” may from time to time make special offers available to “Advertisers” or “Sponsors”.
5.0 CANCELLATION POLICY
5.1 Any cancellation by “Advertisers” or “Sponsors” must be advised to the “Marketer” in writing, no refunds will be forthcoming.
7.1 The “Marketer” is committed to the Privacy Act 1988 (Privacy Act). This being covered in a separate Policy Document as Privacy Statement.