Terms and Conditions

MANAGE MY WEDDING APP & WEBSITE

TERMS AND CONDITIONS

PLEASE NOTE: This Agreement constitutes a legally binding Agreement between You and Manage My Wedding. You must read these Terms and Conditions and the Privacy Policy before downloading, accessing, registering, using or purchasing/subscribing to Manage My Wedding Services.

You acknowledge that You have read, understood, accept and agree to be bound by the terms and conditions of this Agreement, including its limitation and waivers of your rights.

1. DEFINITIONS
   • The following words in these Terms and Conditions have the corresponding meanings:
     • ‘Agreement’ means collectively Manage My Wedding Terms and Conditions (these Terms and the Privacy Policy, as amended by Manage My Wedding from time-to-time);
     • ‘Australian Consumer Law’ means Schedule 2 of the Competition and Consumer Act 2010 (Cth) (formerly the Trade Practices Act 1974 (Cth) as amended from time-to-time;
     • ‘Australian Privacy Principles’ means Schedule 1 of the Privacy Act as amended from time-to-time;
     • ‘Claim’ means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise);
     • ‘Confidential Information’ means any information marked as confidential and any information received or developed by Manage My Wedding during the term of this Agreement, which is not publicly available and relates to processes, equipment and techniques used by the Manage My Wedding of including all information, know-how, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans;
     • ‘Feedback and Suggestions’ means any feedback or suggestions that You provide Manage My Wedding from time-to-time concerning the Manage My Wedding Services;
     • ‘GDRP’ means the General Data Protection Regulation (EU) 2016/679 in the European Union regarding data protection and privacy for individuals within or residing in the European Union as amended from time-to-time;
     • ‘GST’’ means a goods and service tax, consumption tax, value added tax, retail turnover tax or tax of a similar nature;
     • ‘Intellectual Property’ means source code, software, interfaces, content, graphics, computer code, compilation, products, services, ideas, trade marks, patents, copyrights, processes, know-how, registered designs and other rights of a similar nature including moral rights, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application;
     • ‘Invoice' means a tax invoice issued by Manage My Wedding in respect of an Order;
     • ‘Loss’ means all loss including financial losses, damages, legal costs and other expenses of any nature;
     • ‘Manage My Wedding’ means Yvette Louise Sitters ABN 56 688 741 149 trading as Manage My Wedding, its respective subsidiaries, nominated affiliated companies, successors, substitutes or assigns and includes references to Us, We or Our;
     • ‘Manage My Wedding Software’ means any mobile device software application which is now, or in the future, owned, controlled or offered by Manage My Wedding;
     • ‘Manage My Wedding Services’ means collectively Manage My Wedding Software, Manage My Wedding Premium Services and any website (including any Shopify Store website), other web or mobile services, services or products, device applications which are now, or in the future, owned, controlled or offered by Manage My Wedding;
     • ‘Manage My Wedding Premium Services’ means the different Manage My Wedding premium services offered to User’s through different methods, including through Manage My Wedding’s Websites, or as a downloadable mobile device software application under various names, including Manage My Wedding: Big Day, Planners and Export (also referred to Manage My Wedding Premium);
     • ‘Manage My Wedding Websites’ means Manage My Wedding’s websites, web pages and sales platforms that may be hosted or provided by a Third Party service provider, including all functions, tools and abilities on those websites;
     • ‘New User’ means a new User to Manage My Wedding who has not previously registered an account using a Promotional Code and includes where those existing Users who have already cancelled their User Account and created a new account;
     • 'Order' means an order of Products and Services placed by the User through the Manage My Wedding Websites for delivery by Manage My Wedding;
     • ‘Privacy Act’ means the Privacy Act 1988 (Cth) as amended from time-to-time and including the Australian Privacy Principles;
     • ‘Privacy Policy’ means the Privacy Policy issued by Manage My Wedding and as amended from time-to-time concerning the collection, use, handling, storage and sharing of your personal information and other information and data about You;
     • ‘Products and Services’ means goods and services that are offered for sale by Manage My Wedding through the Manage My Wedding Websites;
     • ‘Referral’ means the referral of Manage My Wedding Services to a Third Party person who may or may have a registered User Account with Manage My Wedding and who will be linked with the your User Account’s event or plan;
     • ‘Promotional Benefit’ means a benefit or reward at the discretion of Manage My Wedding in the form of a Promotional Code provided to an existing User and which is subject to the terms of the Agreement and may only be for a period of time;
     • ‘Promotional Code’ means a code supplied by Manage My Wedding which uniquely identifies a User and a User's Account with a Promotional Benefit attached to that code;
     • ‘Social Media Company’ means any online company whose primary business model is the collection and sale of data whose service can be linked to Manage My Wedding (including but not limited to Facebook, Pinterest, Instagram and Google).
     • ‘Third Party’ means any person, organisation, entity or provider of products or services that are not owned, operated or controlled by Manage My Wedding;
     • ‘Third Party Payment Account’ means a User’s use of a Third Party providers payment and financial facilities to pay for an Order, including Third Party Provides such as Afterpay;
     • ‘Third Party Sellers’ means a Third Party who may operate a store, provides goods or services or sells products via the Manage My Wedding Services;
     • ‘Third Party Websites’ means any link or connection point to a website, product, or service not owned, operated or controlled by Manage My Wedding through advertisement, promotion or otherwise;
     • ‘User’ means You, Your or User (collectively or individually) whether acting in your capacity, or on behalf of (and with the authority of) another person, organisation, company or trust, and who downloads, accesses, registers, uses, purchases/subscribes to the Manage My Wedding Services;
     • ‘User Account’ means an account created and registered by You through any of the Manage My Wedding Services; and
     • ‘User Content’ means information, material, content or other data submitted and uploaded by You, through the Manage My Wedding Services, to Manage My Wedding and other Users.

 

2. OWNERSHIP AND USE OF MANAGE MY WEDDING SERVICES
   • Ownership and Use
     • Manage My Wedding owns and operates the Manage My Wedding Services, including all Intellectual Property and Confidential Information.
     • Manage My Wedding provides the Manage My Wedding Services to Users in accordance with and subject to the terms of the Agreement, which includes the Privacy Policy.
     • You understand that through Your use of the Manage My Wedding Services that You agree and consent to the collection, retention, use, and sharing of the information as provided for in the Privacy Policy, including the transfer of Your personal information and other information and data about You from Your location and country of residence to Australia or other countries where the laws regarding Your privacy may not be the same.
     • You are taken to have accepted, and are immediately bound by, the Agreement, upon You:
       • communicating your acceptance of the Agreement by any means, including electronically through methods such as clickwrap, or browsewrap, as used by Manage My Wedding from time-to-time; or
       • continuing to use the Manage My Wedding Services after viewing or receiving a copy of the Agreement; or
       • by any other means or method which informs Manage My Wedding of Your acceptance.
     • Upon acceptance of the Agreement, the User may use the Manage My Wedding Services following the terms of this Agreement.

You agree and accept that all, or a portion of, the Manage My Wedding Services may only be accessed and used through downloading the Manage My Wedding Software to a compatible mobile electronic device. Manage My Weddings Services may not be compatible with older mobile devices or computers. Manage My Wedding is not liable for any issues, bugs or compatibility issues that a User experiences with the Manage My Wedding Software.

3. USERS
   • User Content
     • The User is responsible for its User Content, including all legal or other consequences of uploading, publishing, or disseminating the User Content. The User retains its ownership rights in its User Content.
     • The Manage My Wedding Services permits Users to submit and upload the User Content from time-to-time, and allows for the sharing, publishing, hosting and communicating of User Content with Manage My Wedding and other users.
     • The User accepts that it may receive other users’ User Content including User Content that is inaccurate or offensive, and agrees that Manage My Wedding is not responsible for:
       • any of Your User Content or another user’s User Content, including any matters in connection with or arising in relation to User Content; and
       • monitoring the User Content for any inaccurate, derogatory or offensive content.
     • If Manage My Wedding elects, in its sole discretion to do so, to accept the User Content, then Manage My Wedding assumes no responsibility for the content of the User Content and no obligation arises to take action against any inaccurate, derogatory or offensive content. However, Manage My Wedding does not endorse or provide any warranties, in any way, in respect of any other user’s User Content.
     • Manage My Wedding may request that a User deletes, or may itself remove, amend, or edit, any User Content at any time without consent and for any reason.
     • Manage My Wedding reserves the right to prevent or prohibit you from uploading or submitting User Content at any time.
     • Users must not deal with any other user's User Content, including sharing or distributing the User Content. The User accepts that it does not own its User Content and that its User Content is subject to the licence between Manage My Wedding and that user in respect of their User Content.

 

• User Content Licence
  • You grant, and You represent and warrant that You have the right to grant, to Manage My Wedding an irrevocable, nonexclusive, payment-free, royalty-free and fully paid global licence to use, exploit, edit, disseminate, reproduce, publicly display, and perform, create derivative works from, incorporate into other works, Your User Content including rights to sublicense and assign without notice to You, for the purposes of including the User Content in the Manage My Wedding Services and as otherwise permitted by this Agreement.
  • You agree to irrevocably waive (and cause to be waived) any Claims and assertions of moral rights or attribution with respect to Your User Content.
  • You grant to Manage My Wedding, in connection with any sale of Manage My Wedding or any assets (or any portion of any assets) of Manage My Wedding, the right to sell, transfer or assign the User Content to any Third Party without notice.

 

• User Safety
  • Users agree that they are responsible for:
    • their use of the Manage My Wedding Services; and
    • the actions of other users of the Manage My Wedding Services whom the User may communicate or exchange information with; and
    • all activities and the legal consequences of those activities while using the Manage My Wedding Services.
  • Users must not and agree not to:
    • use the Manage My Wedding Services while driving or operating a vehicle; or
    • upload or submit User Content, which includes identifiable, personal, or sensitive information.
  • Manage My Wedding reserves the right to report any suspicion of illegal, offensive, indecent or abusive activity to the Police or relevant authorities.

 

• Location Data
  • The User agrees that the Manage My Wedding Services:
    • may record, collect and use the User’s location information;
    • may share the User’s location information with other users;
    • is intended for individual use only as a personal location-based service; and
    • will not rely on the personal location-based service in an emergency, or in any hazardous environment that the failure or inaccuracy of the personal location-based service provided by Manage My Wedding Services would result in injury, property damage, disablement, impairment, or death.

 

• User Feedback and Suggestions
  • If a User provides Feedback and Suggestions, then the User automatically assigns all rights in the Feedback and Suggestions to Manage My Wedding and agrees that Manage My Wedding shall have the right to use such Feedback and Suggestions and related information in any way and without any payment or royalty to the User.
  • Manage My Wedding will treat any Feedback and Suggestions that a User supplies as non-confidential and non-proprietary in nature to that User. The User understands and agrees that it provides Feedback and Suggestions to Manage My Wedding without any obligation arising for Manage My Wedding to compensate that User in any way.

 

• User Age Restriction
  • Users must be and agree to be at least eighteen (18) years of age to use the Manage My Wedding Services and capable of lawfully entering into this Agreement and performing all obligations under this Agreement.
  • Users that are under eighteen (18) years of age must have the consent from their parent or guardian before using the Manage My Wedding Services.

 

4. USER ACCOUNTS
   • User Account - Registration, Maintenance, Security & Retention of Records
     • A User may create a User Account on any applicable Manage My Wedding Services and is responsible for providing information to Manage My Wedding for the User Account, including maintaining that information in an accurate and up-to-date form.
     • A User Account is unique to the User. A User must not and agrees not to use another user’s account or cause to purchase or sell its User Account without Manage My Wedding prior written consent.
     • A User is responsible for:
       • the confidentiality of the User’s Account;
       • any User Account login information including passwords; and
       • all activity and use of the User’s Account.
     • A User agrees to and must notify Manage My Wedding as soon as possible after a User learns of any unauthorised use or breach of security concerning the User's Account.
     • Manage My Wedding is not liable for any Loss or liability due to a person using, with or without Your knowledge, authorisation or consent, your User Account, or Your confidential information including Your login information. You are liable for any Loss or liability incurred by Manage My Wedding, or a Third Party, due to a person using, with or without Your knowledge, authorisation or consent, your User Account, or Your confidential information including Your login information.
     • A User agrees to and must back up its User Account, User Content, and any data and information it acquires, exchanges, uploads, submits or stores during Your use of Manage My Wedding Services. Manage My Wedding is not responsible for this.
     • Manage My Wedding is not required, or under any obligation, to retain or keep a copy of a User’s Account, a User’s Content, and any data, information or communication history that a User stored with Manage My Wedding Services and through the User’s Account.

 

5. SUBSCRIPTIONS & PREMIUM SERVICES
   • Manage My Wedding Premium Services
     • Manage My Wedding may make Manage My Wedding Premium Services available to Users provided that the User creates a User Account and pays the applicable fee.
     • Users acknowledge and agree that Manage My Wedding offers its Premium Services to Users for an indefinite period of time and until the User cancels, deletes, or terminates the Manage My Wedding Premium Services, or if Manage My Wedding bans, suspends or terminates the a User’s Manage My Wedding Premium Services in accordance with the terms of the Agreement.
     • The fixed time period, any renewal period, and the total cost of each Manage My Wedding Premium Services offering is provided through the Manage My Wedding Services, or other methods, as determined or changed by Manage My Wedding from time-to-time in its discretion.

 

• Promotional Codes and Invitations
  • Manage My Wedding from time-to-time, and at their absolute discretion, may issue Usersa Promotional Code.
  • Promotional Code Promotional BenefitManage My Wedding can dictate and change any terms and conditions of the Promotional Code or the Promotional Benefit at any time in Manage My Wedding’s absolute discretion and without reason.
  • Manage My Wedding may revoke or refused to accept any Promotional Code in their absolute desertion without reason.
  • Manage My Wedding may offer Users a Promotional Benefit or a Promotional Code through any means and by any methods.
  • Any Promotional Code offered by Manage My Wedding:
    • cannot be replaced if lost, or used in conjunction with any other offer;
    • are non-transferrable and non-redeemable for money, credit or can be applied towards previous purchases;
    • can be terminated by Manage My Wedding in their discretion at any time and without notice.
  • Only Users in countries where Manage My Wedding’s Services is available or will be available on the Apple App Store are eligible for a Promotional Code.
  • Unless a expiry date is expressly stated or otherwise determined by Manage My Wedding, a Promotional Code will expire twenty-eight (28) days after the Promotional Code has been issued by Manage My Wedding.
  • A User must not resell or accept any form of compensation in exchange for a Promotional Code.
  • A User may not use a Promotional Code to distribute any inappropriate content, including to minors.
  • Manage My Wedding may allow a User to complete a Referral or for Users to invite New Users to Manage My Wedding Services.
  • A valid Referral takes place when a New User of Manage My Wedding Services, registers, accesses and uses Manage My Wedding Services through a Referral by an existing User. Manage My Wedding may, at its discretion, provide the User who makes a valid Referral the benefit, but is under no obligation to do so;
  • The User making a valid Referral is not entitled to any commission, compensation, money or credit towards purchases.
  • Manage My Wedding can dictate and change any terms and conditions of the Referral at any time in Manage My Wedding’s absolute discretion and without reason.
  • Manage My Wedding may revoke or refused to accept any Referral in their absolute desertion without reason, including if that New User has been previously banned from using Manage My Wedding Services.

 

• Payments
  • Unless otherwise agreed or stated, all amounts payable are expressed exclusive of GST.
  • All payments made will be paid for in Australian Currency (AUD). Users acknowledge and agree that it is their own risk if international fees or charges or currency conversion fees come as a result of making any payment. Manage My Wedding are not responsible for any international fees, charges or currency conversion fees and the User indemnifies Manage My Wedding of such fees and expenses if incurred.
  • In respect of any taxable supply, the User must pay to Manage My Wedding an additional amount equal to the prevailing GST rate, payable at the same time and in the same manner as any fees.
  • If a User requests, converts to, subscribes, registers or purchases a Manage My Wedding Premium Services or receives a Promotional Benefit, then that User may be requested to provide payment information.
  • In respect of a Manage My Wedding Premium Services, the User will be charged the applicable fee at the commencement of the Manage My Wedding Premium Services period and the commencement of any renewal period.
  • Only in respect of a Promotional Benefit will the User be charged if the User does not take steps to cancel its Promotional Benefit before the end of that Promotional Benefit period. If the User does not take steps to cancel its Promotional Benefit, then that User's subscription will automatically convert to the paid Manage My Wedding Premium Services.
  • If Manage My Weddings Services are used on an Apple device and through the Apple App Store, then Apple will take payment of any Manage My Wedding Premium Services. Users will be required to accept Apple App Store’s terms and conditions and provide details for payment. Manage My Wedding does not accept and Users will hold Manage My Wedding harmless of any liability for payments made through the Apple App Store.

 

• Cancellations & Refunds
  • All payments to Manage My Wedding are non-refundable and final in nature, subject to the limited conditions set out below and to the extent permitted by law.
  • If applicable, any cancellations of the Manage My Wedding Premium Services by Users will take effect from the next billing period when the payment would be due.
  • If Users have paid for Manage My Wedding Premium Services, then those Users will continue to be provided access to those premium services until the cessation of their Manage My Wedding Premium Services period, or when the User deletes or terminates the Manage My Wedding Services.
  • If the User uses the Manage My Wedding Service via the Apple App Store, then the User acknowledges that the Apple App Store handles and administers all refunds in relation to payments made under this Agreement. Manage My Wedding does not have authority over the refund process of payments made through Apple App Store and is not liable to a User if the Apple App Store determines not to refund payments made by a User. Users should communicate with the Apple App Store to apply for a refund of a payment.
  • Any upfront or advanced fees paid to Manage My Wedding are forfeited to Manage My Wedding if the User cancels, terminates, or otherwise does not proceed with the Manage My Wedding Services for any reason.
  • You agree that Manage My Wedding is under no obligation to make any refund of any payments made by You.
  • If Manage My Wedding learns of an error in the charging of any fees, then Manage My Wedding may correct the mistake or update any information at any time and without notice.
  • In the event that the User pays any fee under this Agreement for the use of Manage My Wedding Services, and that User is located or resides in a country in which the Manage My Wedding Services are not currently active, or available to access, then at Manage My Wedding’ absolute discretion upon request by the User within thirty (30) days with evidence of current locality and residential address, may choose refund any (or a part of) the fees paid by that User and received by Manage My Wedding. The User’s account will then be cancelled and terminated.
  • Manage My Wedding, at its discretion, may accept or deny any cancellation or refund request by a User without reason.
  • A User’s Promotional Benefit may end after a specific time period as determined by Manage My Wedding. If a User cancels its Promotional Benefit, then no refund will be provided, and the User Account will revert to regular unpaid membership.

 

2. TERM AND TERMINATION
   • Term
     • The Agreement will commence upon creation of a User Account and will continue in perpetuity until this Agreement is terminated in accordance with this Agreement.

 

• Termination & Suspension
  • Manage My Wedding will cease providing the Manage My Wedding Services to the User and this Agreement will be cancelled upon termination of the User Account provided that the User takes all steps to terminate their User Account as prescribed by Manage My Wedding from time-to-time.
  • The User agrees that the User is not entitled to any refund or reimbursement of fees paid to Manage My Wedding including for any Manage My Wedding Premium Services.
  • The User forfeits all payments made to Manage My Wedding upon the termination of this Agreement.
  • Notwithstanding anything in the Agreement to the contrary, Manage My Wedding may immediately terminate the Agreement (including the User’s Account and access and use of the Manage My Wedding Services) upon the happening of any of the following events:
    • if the User breaches or violates the terms of this Agreement; or
    • if the User fails to pay any fees owed to Manage My Wedding under this Agreement;
    • for any other reason in its discretion including no reason, and for convenience.
  • The User agrees that Manage My Wedding may terminate this Agreement at any time and without notice to the User of termination.
  • Manage My Wedding may suspend, revoke, refuse or prohibit a User’s access and use of the Manage My Wedding Services at any time and without notice to the User of that suspension, revocation, refusal or prohibition and for any reason in its discretion including no reason or if the User is a repeat offender of the Manage My Wedding Services.
  • Upon any of the events occurring under this clause 6, Manage My Wedding may remove, delete and dispose of your User Content and User Account without notice. Manage My Wedding is not liable for a User’s loss of its User Content and User Account and its information, records and data within.
  • The User is not entitled to set off against, or deduct from any fees owed to Manage My Wedding under this Agreement any sums owed or claimed to be owed to the User by the Manage My Wedding nor to withhold payment of any fees owed to Manage My Wedding under this Agreement because part of those fees are in dispute.
  • Manage My Wedding is not liable to any User or any Third Party in respect of any termination or suspension of the Agreement or the User’s Account.
  • If the User cancels or purports to cancel, the whole or any part of, the Agreement then the User shall be liable to indemnify Manage My Wedding against any Claim resulting from such purported cancellation or termination of the Manage My Wedding Services (including Third Party expenses, and any expenses or costs incurred in connection with a Third Party).
  • The User agrees to and must indemnify Manage My Wedding from and against any Claim, liability, Loss, damage or expense incurred by Manage My Wedding in recovering any unpaid monies (including but not limited to internal administration fees, legal costs on an indemnity basis, the Manage My Wedding’ collection agency costs, and bank dishonour fees) under the Agreement.
  • Manage My Wedding will not be liable to the User for any Claim, Loss or damage the User suffers due to Manage My Wedding exercising any right under this clause 6.
  • If the User breaches the Agreement, they agree to and must do all things and execute all documents required by Manage My Wedding to assist Manage My Wedding in enforcing their rights under the Agreement.

 

3. IN-APP SALE OF GOODS - THIRD PARTY SELLERS
   • Purchasing Third Party goods and services through Manage My Wedding Services
     • Manage My Wedding, and Third Party Sellers may operate stores, provide services, or sell product lines via the Manage My Wedding Services.
     • Manage My Wedding may include hyperlinks to its own or a Third Party Website.
     • Manage My Wedding are not responsible for examining or evaluating, and does not warrant the offerings of any Third Party Sellers or the content of any Third Party Website. Manage My Wedding does not assume any responsibility or liability for any Claims, Loss, actions, product, and content of on a Third Party Website or provided by a Third Party.
     • Manage My Wedding highly recommends that a User reviews the Third Party Seller and Third Party Website’s validity, their terms and conditions and any privacy statements or other conditions of use.
     • Manage My Wedding are not:
       • Involved in the actual transaction or the completion of sales between You and a Third Party Seller. If You enter into a transaction with a Third Party Seller, then You may be creating a legally binding contract with them. You must ensure that you comply with your obligations to that Third Party Seller and are aware of any laws relevant to you as a buyer.
       • Obligated to become involved (whether at your or the Third Party Seller's request) in any dispute that arises between a User and a Third Party Seller. Users are required to contact and liaise with a Third Party Seller concerning any order placed with that Third Party.
     • Manage My Wedding may be paid a commission or fee from Third Party Sellers or other Third Parties.

 

 

4. COLLECTION AND USE OF USER CONTENT
   • Collection and Use of Personal Information
     • Manage My Wedding has or will be, collecting personal information about the User, the User’s guests and the User’s preferences. This could include, for example, names, postal or residential addresses, ages, genders, email addresses, contact details, financial details (including, but not limited to, budget information, wages/salary information, and general expenditure), location of events, date of events, and other personal information and sensitive information. The collection of personal and sensitive information has many purposes. The User agrees to and must review the Privacy Policy for clarity on the intentions of Manage My Wedding's collection and use of personal information.
     • If the User chooses not to provide Manage My Wedding with any information when requested, then Manage My Wedding may be unable to provide its Manage My Wedding Services to that User.
     • If a User is located or resides outside of Australia, then the User agrees and consents to the transfer, processing, retention, storage and use of a User’s Account information, personal information, sensitive information, location data and all other data, to and within Australia and any other jurisdiction throughout the world required by Manage My Wedding from time-to-time.
     • Notwithstanding any statutory obligation to do so, the User agrees that Manage My Wedding is under no obligation to notify or provide a User with notice in respect of any transfer of information or data outside the jurisdiction of Australia including in the case of clause 1(1).
     • The transfer of any information or data to another jurisdiction under this clause for whatever purpose Manage My Wedding deems necessary or required may result in the User’s privacy protections being less than and in conflict with the rights that the User holds under the Privacy Act in Australia. Manage My Wedding will not be held responsible or accountable, and the User will not hold Manage My Wedding responsible or accountable, for the disclosure, any act or practice, of any overseas Third Party recipient of information or data pursuant to the Privacy Act and the Australian Privacy Principles (APP 8.1) under this clause 1.
     • The User and Manage My Wedding acknowledge and agree that information resulting from access to and use of Manage My Wedding Services according to this Agreement may be regarded as personal or sensitive information and Manage My Wedding agrees that Manage My Wedding’ obligations in clause 1 extend to this category of information.
     • Upon termination of the Agreement, Manage My Wedding may, in its sole discretion and without notice, erase and destroy all copies of the User’s personal and sensitive information.
     • Notwithstanding any other contrary provision in the Agreement (including the User’s licence to Manage My Wedding of any User Content), Manage My Wedding will take reasonable steps to ensure the User’s personal and sensitive information is kept confidential and not deal with it in any way that might prejudice its confidentiality unless Manage My Wedding is required by law to disclose the User’s personal information, or if the User’s personal information is otherwise made publicly available other than by Manage My Wedding.
     • If the User believes that Manage My Wedding has breached the Australian Privacy Principles, then the User is at liberty to make a complaint to the Australian Government Office of the Australian Information Commissioner.

 

• Disclosure to Third Parties & Data Storage
  • The User agrees that its personal information, User Content and its location data that is provided to, or obtained by, Manage My Wedding may be used and retained by Manage My Wedding for:
    • the transmission of that information or User Content to Manage My Wedding related parties, Third Parties, Third Party Websites, Third Parties applications or software applications;
    • the interaction or cooperation between Manage My Wedding Services and any Third Parties in the supply of the Manage My Wedding Services to the User;
    • the provision of, marketing to, or targeting activities based on User preferences or location data, analysis (including statistical analysis), verification, research, the further development of Manage My Wedding Services, or liaising with Third Parties and Third Party Websites;
    • assessing the User’s capacity to enter into the Agreement or any other reason reasonably necessary for the provision of the Manage My Wedding Services at the discretion of Manage My Wedding.
  • Manage My Wedding will collect, retain and store (including through Third Party cloud-based storage platforms and providers) and use the User’s personal information and data following the Australian Privacy Principles and the Privacy Act.
  • The User agrees that any personal information collected by Manage My Wedding through a User linking it’s User’s Account with a social media profile owned and operated by a Third Party or Social Media Company permits Manage My Wedding’s collection of that information in accordance with this clause 8.
  • Manage My Wedding does not accept liability for, and the User agrees that it will not hold Manage My Wedding liable for, any loss of the User’s information or data arising out of, or in connection with, a breach of security of Manage My Wedding’ storage of the User’s information and data including Manage My Wedding cloud base storage with its Third Party external platform or provider.
  • The User acknowledges and agrees that its information and data (including its User Account and User Content) will be stored via a cloud-based platform through a Third Party provider that is external to Manage My Wedding.
  • The User accepts that Manage My Wedding does not have management or control over Manage My Wedding’ Third Party cloud-based storage provider and that provider’s use, storage processes (including whether your information or data is subject to a pseudonymisation process), security (including the level of encryption and security defence) and other policies and procedures.
  • Manage My Wedding may disclose information to other entities bound to comply with the Australian Privacy Principles from time-to-time, to enable Manage My Wedding to provide the User with the Manage My Wedding Services, and a User consents to that disclosure.

 

• Compliance with the European Union GDRP
  • If a User is located or resides in the European Union or outside of the country of Australia, then that User and Manage My Wedding are under different laws in respect of a User’s privacy than a User would ordinarily be if they were located or resides solely within Australia.
  • A User agrees and accepts that Manage My Wedding will deal with a User’s information in accordance with the Privacy Policy and clause 8 of these Terms and Conditions irrespective of locality or residential address.

 

5. INTELLECTUAL PROPERTY AND END-USER LICENCING

 

• Intellectual Property
  • Unless otherwise specified in the Agreement or advised by Manage My Wedding, Manage My Wedding retains proprietary rights in all Intellectual Property in any material provided by Manage My Wedding in the provision of the Manage My Wedding Services and in performing its obligations under this Agreement.
  • The User agrees that any enhancements or improvements to Intellectual Property developed during the provision of, and in connection with delivering, the Manage My Wedding Services are also owned by Manage My Wedding, regardless of how the enhancement or improvement if established or created.
  • The User agrees to promptly sign and deliver any and all documentation required to give effect to clause 1(2) including any Deed of Assignment of Intellectual Property if requested by Manage My Wedding.

 

• End-User Licence Agreement
  • Manage My Wedding grants to the User a non-exclusive, worldwide, non-transferable and revocable licence to use the Manage My Wedding Services for individual and non-commercial use on a compatible mobile electronic device owned, or leased, solely by the User subject to and in accordance with the terms and conditions set out in this Agreement (the EULA).
  • Manage My Wedding retains all rights, title to and interest in the Manage My Wedding Services. Manage My Wedding reserves all rights not expressly stated or granted under the Agreement.
  • The User agrees to comply with all Australian and foreign laws relating to the Manage My Wedding Services in respect of this EULA.
  • The User must not:
    • use the Manage My Wedding Services for any purpose or in any manner other than as set out in clause 2(1);
    • use the Manage My Wedding Services in any way that could damage the reputation of Manage My Wedding or the goodwill or other rights associated with the Manage My Wedding Services;
    • permit any Third Party to use the Manage My Wedding Services;
    • permit any person to link to any page containing any part of the Manage My Wedding Services (including via a hyperlink or RSS feed) without Manage My Wedding prior written consent;
    • damage, destroy, disable, remove, bypass, circumvent or otherwise interfere with any security or confidential information of another User in respect of the Manage My Wedding Services;
    • except to the extent that applicable laws, including the Copyright Act 1968 (Cth), prevent Manage My Wedding restraining the User from doing so, the User must not:
      • reproduce, copy, make error corrections to or otherwise modify or adapt the Manage My Wedding Services, or create any derivative works based upon the Manage My Wedding Services;
      • de-compile, disassemble or otherwise reverse engineer the Manage My Wedding Services or permit any Third Party to do so;
      • rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Manage My Wedding Services to any Third Party or use the Manage My Wedding Services to provide similar services for any Third Party;
      • sell, or cause to sell, Manage My Wedding Services (including any copies or reproductions), or this EULA, or
      • modify or remove any copyright or proprietary notices on the Manage My Wedding Services.
    • The User must ensure that the mobile electronic device on which the Manage My Wedding Services is to be installed is compatible and in a good, up to date working order and operating condition before installation.
    • Manage My Wedding reserves the right to issue updated or upgraded versions of the Manage My Wedding Services at any time and without notice. The updated or enhanced versions may automatically update on the User’s mobile electronic device. The User agrees and consents to:
      • any automatic update or upgrade of the Manage My Wedding Services on the User's portable electronic device; and
      • the terms and conditions of the Agreement applying to all updates or upgrades of the Manage My Wedding Services.
      • Manage My Wedding not be held liable for any updates, upgrades or modifications of the Manage My Wedding Services including for any consequences of those updates, upgrades or modifications and any failures (including any loss of data or information).

 

• Third Party Application Store Terms & Conditions Exclusion
  • Manage My Wedding from time-to-time will make the Manage My Wedding Services available on various Third Party application stores, including the Apple App Store or Google Play or the Android Market. The User acknowledges and agrees that:
    • the Manage My Wedding Services may not be available, and subject to the availability, on or through all Third Party application stores;
    • this Agreement is solely between the User and Manage My Wedding and no other Third Party, including any Third Party application stores;
    • any Third Party application store may have its own set of terms and conditions that a User must agree to prior to downloading the Manage My Wedding Services; and
    • the User’s access to and use of the Manage My Wedding Services are conditional on and subject to, the User's acceptance and compliance with any Third Party application store terms and conditions and privacy policies.
  • Manage My Wedding will not be held liable for any agreement entered into between a User and any Third Party application store for the access to and use of the Manage My Wedding Services, or for any other subject matter.

 

• Apple App Store Prescribed Terms
  • In the event that a User accesses and uses the Manage My Wedding Software from the Apple App Store, then this clause 4 applies, but the various subclauses will only apply to the extent that another term within this Agreement is less restrictive, or is in conflict with, the multiple subclauses (or part of) within this clause 9.4 which are required by Apple to be enforceable at all times. For clarity, if the body of these Terms and Conditions provides for a more restrictive term then what is provided under clause 9.4, then the Terms and Conditions will prevail only to the extent of that specific term. If a term provided under clause 9.4 provides for a more restrictive and/or conflicting term within clause 9.4 over the broader Terms and Conditions, then that specific term within Clause 9.4 will apply.
  • Acknowledgement:

Manage My Wedding and the User acknowledge and agree that the EULA and this Agreement is between Manage My Wedding and the User only, and not with Apple. Manage My Wedding is solely responsible for the Manage My Wedding Software and the content thereof. The EULA may not provide for usage rules for the Manage My Wedding Software that conflicts with the Apple App Store Terms of Service as of the which will apply from the date the User agrees and accepts the Apple App Store Terms of Service. Terms under the Apple Terms of Service will apply from the date the User acknowledges and agrees with the Apple App Store Terms of Service.

• Scope of License:

The license granted to the User for the Manage My Wedding Software is limited to a non-transferable license to use the Manage My Wedding Software on any Apple-branded Products that the User owns or controls and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, except to the extent that the Manage My Wedding Software is accessed and used by the User through other accounts associated with the User via Apple’s Family Sharing or volume purchasing features and services offerings only.

• Maintenance and Support:

Manage My Wedding is solely responsible for providing maintenance and support services concerning the Manage My Wedding Software, as specified in the EULA and this Agreement, or as required under applicable law. Manage My Wedding and the User acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services concerning the Manage My Wedding Software.

• Warranty:

Manage My Wedding is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Manage My Wedding Software to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Manage My Wedding Software to the User; and to the maximum extent permitted by applicable law, Apple has no other obligation whatsoever with respect to the Manage My Wedding Software, and any other Claims, Losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Manage My Wedding sole responsibility.

• Product Claims:

Manage My Wedding and the User acknowledge that Manage My Wedding, not Apple, is responsible for addressing any Claims of the User or any Third Party relating to the Manage My Wedding Software or the User’s possession and/or use of the Manage My Wedding Software, including, but not limited to:

• product liability Claims;
• any Claim that the Manage My Wedding Software fails to conform to any applicable legal or regulatory requirement; and
• Claims arising under consumer protection, privacy, or similar legislation, including in connection with User’s use of the Apple HealthKit product and service and Apple’s HomeKit frameworks. The EULA does not limit Manage My Wedding liability to the User beyond what is permitted by applicable law.

• Intellectual Property Rights:

Manage My Wedding and the User acknowledge that, in the event of any Third Party Claim that the Manage My Wedding Software or the User’s possession and use of the Manage My Wedding Software infringes that Third Party’s intellectual property rights, Manage My Wedding and not Apple, is responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement Claim.

• Legal Compliance:

The User represents and warrants that:

• it is not located in a country that is subject to a United States of America Government embargo; or
• it is not located in a country that has been designated by the United States of America Government as a “terrorist supporting” country; and
• it is not listed on any United States of America Government list of prohibited or restricted parties.

• Developer Name and Address:

If the User has any questions, complaints or Claims with respect to the Manage My Wedding Software, then the User is directed to contact Manage My Wedding through the contact information provided in clause 13.13.

• Third Party Terms of Agreement:

The User must comply with any applicable Third Party terms of agreement when using the Manage My Wedding Software. For example, a User must not violate or breach their wireless data service agreement when accessing or using the Manage My Wedding Software.

• Third Party Beneficiary:

Manage My Wedding and the User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the EULA and this Agreement, and that, upon the User’s acceptance of the terms and conditions of the EULA and this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA and this Agreement against the User as a Third Party beneficiary thereof.

 

6. PRODUCTS AND SERVICES - SHOPIFY, FACEBOOK AND INSTAGRAM
   • Purchasing products and services through Manage My Wedding Websites
     • Manage My Wedding currently uses a Third Party online e-commerce platform that allows it to sell Products and Services via the internet to you. This e-commerce platform is called Shopify and is hosted by Shopify Incorporated. This e-commerce platform may change from time-to-time at the discretion of Manage My Wedding.
     • A User will be provided access to the Manage My Wedding Shopify website through various avenues, including via Facebook, Instagram and other advertising through Third Party Websites.
     • A User may purchase goods and services through Manage My Wedding’s website provided that it complies with this Agreement.
     • Manage My Wedding reserves the right to:
       • change or vary the price of any goods and services (which are subject to change) at any time and without notice;
       • refuse service to a user, or a Third Party user, at any time and at their discretion; and
       • modify or discontinue the goods and services (or any part or content thereof) without notice at any time.
     • Users agree and acknowledge that their information, User Account and User Content may be transferred unencrypted and involve:
       • the transmissions over various protected and unprotected networks; and
       • changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is typically encrypted during transfer over networks.

• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Manage My Wedding Services, use of the Manage My Wedding Services, or access to the Manage My Wedding Services or any contact on the website through which the service is provided, without express wrote permission by Manage My Wedding.
• We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
• Title in the Products and Services do not pass to You until Manage My Wedding has received payment of the Products and Services. Risk of loss or damage to the Products and Services passes to you upon the Products and Services being shipped or posted to You.

 

• Users to make their own enquiries regarding suitability
  • You must undertake Your due diligence and suitability enquiries as to whether the Products and Services are fit for Your intended purpose and are otherwise suitable for You. Manage My Wedding does not provide advice or warranties (to the extent permitted by law) that the Products and Services purchased under an Order will be fit for your intended use or purpose without knowing your intended use or purpose for the Products and Services.
  • You must ensure that the Products and Services are in accordance with and conform to any specifications, drawings, samples or other descriptions before placing an Order.

 

7. PRODUCTS AND SERVICES - ONLINE TRANSACTIONS VIA MANAGE MY WEDDING WEBSITES
   • Orders
     • When You place an Order, You should receive an acknowledgement email confirming Manage My Wedding’s receipt of your Order. This email will only be an acknowledgement and does not constitute Manage My Wedding’s acceptance of your Order.
     • Manage My Wedding may decline any Order received from You. All Orders are subject to availability and the confirmation of the Order by Manage My Wedding.
     • Manage My Wedding will contact You if there is an issue with an Order.
     • Orders cannot be changed or varied without the written agreement of Manage My Wedding.
     • Orders may be subject to a commitment to purchase condition in which case You may not be able to cancel or change the Order upon committing to buy that Order.
     • All Orders are subject to a cooling off period as set out in clause 5.
     • Manage My Wedding is not liable for any mistaken or incorrect Orders.
     • While Manage My Wedding tries to ensure that all details, descriptions and prices which appear on the Manage My Wedding Website are accurate, errors may occur. If Manage My Wedding discover an error in the amount of any Products and Services which we have advertised, then Manage My Wedding will correct the mistake as soon as possible.
     • Shipping, postage and delivery costs are chargeable to You in addition to the Product and Services prices advertised on the Manage My Wedding Websites.

 

• Payments
  • You must pay to Manage My Wedding for an Order within the payment terms provided on an Invoice.
  • If You elect to pay for an Order through a Third Party Payment Account, then Manage My Wedding will charge the Third Party Payment Account the total value of the Order following the payment terms stipulated on an Invoice.
  • If You elect to pay for an Order using a payment card, then Manage My Wedding may carry out a standard authorisation check on your card to ensure there are sufficient funds to fulfil the Order. Upon receiving authorisation, we will debit Your card. The monies received upon the debiting of Your card must be treated as a deposit against the total value of the Order. Once the Order has been shipped, and You have been sent a confirmation email, then any monies paid as a deposit must be used as consideration for the value of Your Order.
  • Unless otherwise agreed or stated, all amounts payable are exclusive of GST.
  • In respect of any taxable supply, You must pay to Manage My Wedding an additional amount equal to the prevailing GST rate. This amount will be immediately payable and in the same manner as any fees or charges under this Agreement.
  • The User is not entitled to set off against or deduct from any fees owed to Manage My Wedding under this Agreement, any sums owed or claimed to be owed to the User by the Manage My Wedding nor to withhold payment of any fees owed to Manage My Wedding under this Agreement because part of those fees is in dispute.
  • Manage My Wedding may, at its discretion and without notice, charge You interest on any outstanding amounts that have not been paid by the Order payment due date. Interest charged to You will be calculated at the rate of 10% per annum on the total outstanding amounts. Interest will accrue daily from the Order payment due date until the outstanding amount is paid in full.

 

• Shipping and Delivery
  • All standard Orders in Australia, unless requested otherwise by You before purchase, are sent by post without insurance or tracking.
  • Any Orders requiring shipping and delivery outside of Australia and internationally will need to be requested by a User and approved by Manage My Wedding.
  • Manage My Wedding will arrange the delivery, postage, freight or shipping of the Order to You subject to any delivery, postage, transportation, shipping fees or insurance fees charged in addition to your Order by Manage My Wedding at its discretion.
  • When You place an Order, You will be required to specify a billing address and a shipping address. The billing address will the address connected to the payment of an Order, and the shipping address is the address which you would like your Order shipped.
  • A shipping address must only be an Australian address and cannot be overseas unless agreed by Manage My Wedding in accordance with clause 3(2) above.
  • Manage My Wedding will advise of any delivery, postage or shipping fees applicable to a Product and Service before placing an Order. The delivery, postage or shipping fees are subject to change without notice and the rising costs of Third Party Providers.
  • Manage My Wedding may provide You with a packing list and other delivery documents before or upon the dispatch of your Order.
  • You must arrange for the signing of any delivery dockets as required by the Third Party courier or delivery agent.
  • Manage My Wedding will use its best endeavours to arrange the delivery of each Order to the shipping address specified on the Order between the hours of 9:00 am to 5:00 pm Monday to Friday (other a public holidays).
  • Non-delivery of goods must be reported to Manage My Wedding as soon as possible.
  • Manage My Wedding may charge for wrapping, packing, cartons or crating.
  • Manage My Wedding may track your Order at its discretion.
  • While Manage My Wedding does everything it can to ensure the timely delivery of Your Order, it will not be liable for any loss or damage incurred by any person as a result of delay caused by the postage company or carrier that Manage My Wedding has no control over or by any event which is out of Manage My Wedding’s reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to Manage My Wedding.
  • Insurance is available at an extra cost on all delivery services. Manage My Wedding will not cover any loss of goods that are not insured.
  • For non-delivery of goods, please notify Manage My Wedding by email or telephone as soon as possible.
  • If an Order is changed, varied, or cancelled at Manage My Wedding’s discretion, then Manage My Wedding will take reasonable steps to notify You and then either:
    • source a similar alternative Product or Service of roughly the same specifications; or
    • provide You with a refund of your Order (if You have paid for that Order); or
    • any other option determined by Manage My Wedding.
  • You must inspect the Order immediately upon its arrival, and if the Products and Services are not in accordance with the specified requirements, then you must give the notice to Manage My Wedding within fourteen (14) days of receipt of the Order. If you fail to provide such notice, the goods must be deemed to be in all respects per the specified requirements. No claim will be recognised unless made in writing and received by Manage My Wedding within fourteen (14) days after receipt of the goods by You.
  • This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law.

 

• Cancellations & Refunds
  • Please choose Products and Services carefully. Manage My Wedding does not normally give refunds of Orders if you change your mind or make the wrong decision.
  • All refunds of Products and Services under an Order are subject to:
    • approval and confirmation of the approval by Manage My Wedding;
    • returning the Order, or part of the Order subject to the refund, to Manage My Wedding within fourteen (14) days of receipt of the Order;
    • complete and provide a copy of the Return Authorisation Form to Manage My Wedding for review and include a copy of this form with your returned Products and Services;
    • the Products and Services being returned in the original packaging, unworn, unopened, unused, unwashed and otherwise in the same condition as at shipping of the Order when shipping to Manage My Wedding;
    • the Products and Services being received by Manage My Wedding safely and undamaged; and
    • the return postage and shipping costs being Your responsibility, including all tracking and insurance obligations.
  • Manage My Wedding will process refunds and any payments to a User within a reasonable time after receipt of the returned Products and Services.
  • If You do not meet the requirements of a refund (as provided for under clause 4(2) above), then the refund will not be processed by Manage My Wedding, and you will be liable for all costs in returning the noncompliant returned Products and Services to Your Order’s original nominated shipping address.
  • You must assist and answer all questions required by Manage My Wedding concerning the returned Products and Services to ensure that your refund is processed correctly and efficiently.

 

• Cooling Off Period
  • Any Orders made through the Manage My Wedding Website include a fourteen (14) day cooling off period commencing on the date and time of placing the Order.
  • Orders may be changed or cancelled by You during the cooling off period.
  • If You cancel an Order during the cooling off period, then You will be entitled to a refund of the whole amount paid by You in respect of that Order. If You have paid no amount, then the Order will be cancelled without a refund.
  • If You change an Order during the cooling off period, then You must notify the Manage My Wedding within the cooling off period of the required changes to the Order.

 

8. INDEMNITIES, WAIVERS, RELEASES, LIMITATION OF LIABILITY, CONSUMER GUARANTEES
   • Waivers

 

• Manage My Wedding is not liable for any Claim, Loss or damage of any kind whatsoever caused directly or indirectly by any delivery of, delay in the completion of, or actions taken by You in respect of, the Manage My Wedding Services or the Agreement.
• If Manage My Wedding supplies the Manage My Wedding Services (or any part of the Manage My Wedding Services) negligently or in breach of the Agreement, then if requested by the User, Manage My Wedding will do no more than re-perform the relevant part of the Services. A User must request within one month of the date of completion of the Services or provision of the Products (or part thereof).
• Manage My Wedding provides no warranty that any result or objective can or will be achieved or attained at all or by any particular date, whether stated in the Agreement or elsewhere.
• The User agrees to and must indemnify and hold harmless Manage My Wedding from and against any Claim or Loss, to Manage My Wedding, its employees and third parties, arising out of or connected with the User’s use of the Manage My Wedding Services. The User also agrees to and must indemnify and hold harmless Manage My Wedding from and against any infringement by the User or Third Party intellectual property rights, or Third Party losses caused by reason of or arising out of any information supplied by the User, the User's Employees or agents or consultants, or provided to Manage My Wedding by the User within or out of the scope of the Agreement.
• Each of the parties acknowledge that, in entering into the Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in the Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from the Agreement to the fullest extent permitted by law.

 

• Limitations of Liability
  • Manage My Wedding may include Third Party Websites or links to Manage My Wedding websites and social media (which may be owned by a Third Party or Social Media Company) throughout a User’s access and use of the Manage My Wedding Services. We do this for Your convenience. Manage My Wedding does not endorse any Third Party Website or Third Party or Social Media Company, nor does Manage My Wedding warrant (expressly or impliedly) any information, product or service offering, link or other information or data provided or offered by a Third Party on or within the Manage My Wedding Services, including its accuracy.
  • A User accesses, uses, views, purchases or otherwise from a Third Party or Third Party Website at their own risk and accepting that Manage My Wedding has no control over any Third Party or Third Party Websites. Manage My Wedding discloses that it may receive payments under commercial arrangements from a Third Party or in relation to Third Party Websites and the User acknowledges and agrees that those commercial arrangements do not mean that Manage My Wedding endorses or warrants any fact, matter or circumstance concerning any Third Party or Third Party Websites.
  • Manage My Wedding does not accept or assume any liability whatsoever in respect of any items sold by Third Party Sellers through the Manage My Wedding Services and does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered by Third Party Sellers.
  • Manage My Wedding is not liable or responsible for anything in connection with a Third Party or a Third Party Website.
  • Manage My Wedding is not liable for any mobile, roaming or data usage charges incurred by a User in their access to and use of the Manage My Wedding Services.
  • To the full extent permitted by law, You agree that Manage My Wedding:
    • excludes all liability in respect of any Claim, loss of data, interruption of experiences or any consequential or incidental Loss arising out of Your use of the Manage My Wedding Services.
    • excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.
    • has a maximum total aggregate liability for all Claims, Loss, damages, causes of action arising out of or in connection with any obligation, warranty or otherwise relating to this Agreement not otherwise lawfully excluded under this Agreement, is limited to the amount paid by a User in the 18 months prior to terminating the Manage My Wedding Services.
  • Manage My Wedding liability for any Claim relating to this Agreement reduces to the extent to which Manage My Wedding contributed to the damage arising from the Claim.
  • Manage My Wedding may use Third Party payment gateways or ancillary payment processing facilities and to the extent permitted by law (including under the Australian Consumer Law), Manage My Wedding provides no warranty, expressed or implied, in connection with such payment facilities. Manage My Wedding will not be liable for any Loss, damages, costs or expenses suffered or incurred by a User which arises out of, or as a result of, any error, mistake and/or misstatement in debiting or crediting a User’s bank account, Third Party account, or credit card account as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to such payment gateway facilities.

 

• Consumer Guarantees & Representations
  • This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations, including the Australian Consumer Law. If such legislation applies, to the extent possible, Manage My Wedding limits its liability in respect of any Claim to, at the Manage My Wedding option:
    • in the case of goods:
    • the replacement of the goods; or
    • the resupply of equivalent goods; or
    • the repair of the goods; or
    • the payment of the cost of replacing the goods or of acquiring equivalent products; or
    • the payment of having the goods repaired, and
    • in the case of services:
    • the supply of the services again; or
    • the payment of the cost of having the services supplied again.
  • Manage My Wedding excludes to the full extent as permitted by law any liability to the User because of any misrepresentation arising from, or in connection with, the following:
    • any Third Party;
    • printing and clerical errors;
    • statements in oral, written or any other form by any Third Party accepted by the Manage My Wedding in good faith and repeated by it; or
    • oral statements not confirmed by the Manage My Wedding in writing.

 

• Indemnities & Release
  • The User (You) agrees to indemnify and release Manage My Wedding including its subsidiaries, related or affiliated companies, contractors, employees, agents, suppliers, and partners, from any and all including any past, present and future, Claims, legal proceedings, actions, causes of actions, liability, Loss, expenses and costs, damages, and any other liabilities, including legal fees on an indemnity basis, brought on by the User, on behalf of a User, or any Third Party arising out of or in connection to:
    • A User’s use, misuse, or violation of any Manage My Wedding Services including the access to any Third Party Website;
    • any violation of the rights of any other person or entity by a User;
    • any alleged breach or violation by a User of the Agreement, or
    • any interactions with other users;
    • a User’s use of the Manage My Wedding Services to meet or physically connect with another User in person; or
    • a User’s use of the Manage My Wedding Services to locate, attend, participate or actively be involved in any offline or online place or event and the planning or facilitation of any offline or online place of the event.
  • If a User is required to indemnify Manage My Wedding including its subsidiaries, related or affiliated companies, contractors, employees, agents, suppliers, and partners, then Manage My Wedding reserves the right to manage and control any litigation, legal action or proceeding, Claim, or defence proceedings.
  • The indemnities provided by a User under this Agreement survive any termination of the Agreement.

 

• Warranties
  • You agree, represent, and warrant that You:
    • own, or have the necessary licenses, rights, consents, and permissions to use, and authorise Manage My Wedding to use, all Intellectual Property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in any manner considered by the Manage My Wedding Services and in this Agreement;
    • have the written consent, release, or permission of every identifiable person in the User Content to use the name or likeness of every such identifiable person to enable inclusion and use of the User Content in any manner considered by the Manage My Wedding Services and in this Agreement;
    • will not:
    • harass, bully, abuse, threaten, mislead, defraud, infringe or violate the privacy, of other Users using the Manage My Wedding Services;
    • impersonate any person, organisation or entity, or falsely Claim any alliance or affiliation with any person, brand, organisation or entity;
    • use, or encourage the use of, Manage My Wedding Services for illegal purposes, criminal acts or civil wrongdoings under any law including any international law or treaty;
    • collect, store, disseminate, disclose for use the personal information of another User without their prior consent including the location of any other user;
    • use, upload, submit, collect, disseminate or disclose pornographic, sexually explicit, offensive or indecent material to Your User Account or to Manage My Wedding Services generally including any content which includes any person under the age of eighteen (18) years of age;
    • post, link, cause to send, transmit, or disseminate any material, data or information which is deemed by Manage My Wedding to be sexually explicit, defamatory, derogatory, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, hateful, inciting violence, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
    • post, link, cause to send, transmit or disseminate any content, data or information which infringes any copyright, patent, trade mark or other proprietary rights of any person, organisation or entity
    • use or encourage the use of Manage My Wedding Services for:
      1. the advertisement or sale of goods or services and for any other commercial purpose; and
      2. making unsolicited advertisements, marketing material or proposals to other users.
    • intentionally interfere with another user’s quiet enjoyment of the Manage My Wedding Services including disseminating viruses, infections, worms, or other code that is, or could be, harmful;
    • interfere with the Manage My Wedding Services in any way and by any means or method including disabling, altering or damaging any features of the Manage My Wedding Services;
    • test, bypass, review, access, prevent access, modify, attack, probe, forcefully attempt to access, or aid or encourage any of those activities, or any other activity prohibited by the Agreement to, Manage My Wedding

 

• Manage My Wedding does not affirm, represent, or warrant (to the extent permitted by law) that:
  • the Manage My Wedding Services (or features or portions of the Manage My Wedding Services) will be error or bug-free, or that a User will not be interrupted or experience glitches;
  • it will correct, improve, revise, update, upgrade or modify any errors, bugs, interruptions, glitches, defects that a User may experience during their access to and use of the Manage My Wedding Services (or features or portions of the Manage My Wedding Services);
  • its location information and data of a User is accurate, correct or reliable;
  • a Third Party Seller will complete the sale of an item or provision of any goods or services; and
  • its Third Party cloud-based storage provider or platform, or their servers, or Manage My Wedding servers, will be free from viruses, worms, bugs or other potentially harmful components.

 

• Reliance and Acceptance by the User of Risks with Disclaimers, Limitations, Indemnities and Releases
  • The User agrees that Manage My Wedding has offered to the User the Manage My Wedding Services, provided all relevant pricing, and the User has entered into the Agreement in reliance upon the disclaimers (including warranty disclaimers), limitations of liability, indemnities and releases provided by the User as contained above with full knowledge and acceptance of the risks.
  • The terms under clauses 9 and 12 of this Agreement survive any termination of the Agreement.

 

9. GENERAL
   • Headings & Titles
     • The headings and titles used throughout these Terms and Conditions are for convenience and do not form part of the Agreement or otherwise limit or affect any of these Terms And Conditions and their interpretation.

 

• References to Legislation
  • A reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.

 

• Advertisement
  • Manage My Wedding may, from time-to-time, display any advertisements, sponsorship, promotional material and other information, in its discretion, on, near, or in conjunction with, the User’s public profile displayed during the Users access and use of the Manage My Wedding’ Services without notice or entitlement to payment or compensation and liability arising to Manage My Wedding.

 

• Updating Terms & Conditions
  • Manage My Wedding reserves the right, at its discretion, to review, amend or vary the Agreement and these Terms and Conditions at any time and from time to time without notice or prior agreement by the User.
  • Manage My Wedding reserves the right, at its discretion, to:
    • amend, enhance, add, remove or cease all of, or portions of, the Manage My Wedding Services, at any time, for any reason, and without notice or liability to You; and
    • charge fees for access to all or portions of the Manage My Wedding Services and to vary the pricing at any time.

 

• Assignment & Change of Control
  • The User acknowledges and agrees that Manage My Wedding is entitled to and may, from time-to-time at its discretion, do the following:
    • assign, delegate, transfer, licence, sublicence, sub-contract, sub-let, novate the Agreement, or any part of the Agreement, or assets under this Agreement (including Intellectual Property, User Accounts and User content), or any of its obligations or rights under the Agreement; or
    • sell all, or part of, Manage My Wedding Services and its assets (including User Accounts and User content) and Intellectual Property; or
    • change, or vary, in any way the legal or corporate structure and/or the legal or beneficial ownership of the shares in Manage My Wedding,

without notice, or prior agreement of, the User, for any purpose that Manage My Wedding deems necessary or requires, and without any reason.

 

• Force Majeure
  • Neither party has any liability under or be deemed to be in breach of this agreement for any delays or failures in performance of the Agreement which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances must promptly notify the other party in writing when such conditions cause a delay or failure in performance and when they cease to do so. If such conditions continue for a continuous period of more than six months, either party may terminate the Agreement by written notice to the other party.

 

• Agency & Relationship with Manage My Wedding
  • The User acknowledges and agrees that by registering, accessing and using the Manage My Wedding Services that no legal partnership or agency relationship is created between the User and Manage My Wedding.  The User agrees not to represent otherwise to any party.

 

• Waiver & Severability
  • If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
  • Any variations or waivers to the Agreement must be in writing signed by the User and Manage My Wedding.
  • Failure by Manage My Wedding to enforce any of the Agreement terms shall not be construed as a waiver of any of Manage My Wedding’ rights, or a waiver of a continuing breach.

 

• Notices
  • A notice or other communication connected with the Agreement has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the postal address of the addressee as set out in the Agreement, or sent by facsimile to the facsimile number of the addressee, or sent by email transmission to the email address specified in the Agreement or last notified email address to the sender.

 

• Jurisdiction
  • The Manage My Wedding Services are controlled and offered in Australia by Manage My Wedding. If You use Manage My Wedding outside of Australia, then regardless of Your residence, the use of the Manage My Wedding Services is governed and construed following the laws of Queensland, Australia under clause 10(2) below. If You access and use the Manage My Wedding Services from any location outside of Australia, then You do so at Your own risk and must comply with the laws of that location.
  • The Agreement takes effect, is governed by, and shall be construed following the laws from time to time in force in Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

 

• Entire Agreement
  • This Agreement:
    • contains the whole agreement between Manage My Wedding and the User in respect of the subject matter of this Agreement;
    • supersedes and replaces any prior written or oral agreements, representations or understandings between Manage My Wedding and the User relating to such subject matter; and
    • is only provided in the English language.

 

• Independent Legal and Financial Advice
  • The User acknowledges and agrees that the User has sought independent legal and financial advice concerning this Agreement and its subject matter.

 

• Manage My Wedding Contact Details
  • The User may contact Manage My Wedding for any End-User Licence enquiries, complaints, privacy issues, claims or questions through the following contact details:

Attention:  Manage My Wedding

Email: ask@managemywedding.com 

Telephone: 1300 989 903

  

Last Updated as of 1 January 2023.