EASY WEDDINGS PTY LTD CONSUMER TERMS AND CONDITIONS

 

1 These Terms and Conditions

  1. Easy Weddings Pty Ltd ACN 122 297 858 (we or us or our) owns and operates the website and content located at http://www.easyweddings.com.au (Website).
  2. These Terms and Conditions (Terms and Conditions) govern the relationship between us and consumers who use the Website and who make purchases through the Website (you or your).
  3. By using the Website and making purchases through the Website you agree to be bound by these Terms and Conditions or any other applicable terms and conditions that we require you to agree to. If you do not accept these Terms and Conditions, or any other applicable terms and conditions, you must refrain from using the Website.

2 Using the Website

  1. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
  2. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
  3. Responsibility for the content of advertisements appearing on the Website (including any hyperlinks to advertisers’ own websites or linked websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' goods or services and each advertiser is solely responsible for any representations made in connection with its advertisement.
  4. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
  5. Unless we agree otherwise in writing, you are provided with access to the Website only for your personal use. You are authorised to print a copy of any information contained on the Website for your personal use, unless such printing is expressly prohibited. You may not without our written permission on-sell information obtained from the Website.
  6. Access to the Website may be terminated at any time by us without notice. These Terms and Conditions and any other applicable terms and conditions will survive any such termination.

3 Our Suppliers and online Stores

  1. We act as agent for and on behalf of certain suppliers (Suppliers) who have requested that we maintain an online store on the Website (Store) through which you may purchase that Supplier’s goods and services (Products).
  2. If you purchase Products from a Store, the contract for the purchase of the Product is between you and the relevant Supplier.
  3. Each Supplier will have its own terms and conditions governing the sale of their Products to you (Supplier Terms and Conditions). Before you purchase a Supplier’s Product through a Store on the Website, you will be required to agree to that Supplier’s Terms and Conditions, in addition to these Terms and Conditions.
  4. We receive commission payments from our Suppliers for hosting Stores on the Website and for facilitating the sale of our Supplier’s Products to you.

4 Purchase of Products from the Website

  1. You may offer to purchase Products that are listed in the Stores for the prices specified for such Products at the relevant Store. All prices are in Australian dollars and will be published inclusive of GST. In all other respects, the price published for Products will be exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
  2. Your order must contain your name, email address, credit card details and any other information specified to you at the time of purchase.
  3. Accepted payment methods are as set out on the Website at each Store.
  4. We transmit orders placed by you at the Store directly to our Suppliers. The Supplier is then responsible for packing, dispatching and delivering and/or shipping the Product to the address nominated by you.
  5. We do not share your credit card details with our Suppliers. We only share with our Suppliers information about you to enable the Supplier to supply you with Products ordered by you, such as your name, address and order details.
  6. Within one business day of receipt of your order, a Supplier will at its discretion accept or reject your offer to purchase the Supplier’s Products.
  7. You may not cancel an order once it has been submitted to a Supplier, even if the Supplier’s acceptance or rejection of your offer is still pending.
  8. We (or the Supplier) are not required to give reasons for rejecting your offer to purchase a Product.
  9. If we (or the Supplier) reject your offer to purchase a Product for any reason, neither party will be under any further liability to you arising out of your original offer to purchase.
  10. We give no undertaking as to the availability of Products advertised on the Website.
  11. Title in the Products will not pass to you until payment has been received.
  12. Risk of loss or damage to Products ordered by you passes to you upon dispatch of the Product by the Supplier to you.
  13. The Products are offered for sale only to persons who can make legally binding contracts.
  14. You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to error or oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of the Product to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

5 Delivery

  1. Our Suppliers have agreed with us that all Products purchased through the Store will be dispatched by the Supplier within 5 business days of your order.
  2. Our Suppliers deliver only within Australia and New Zealand.
  3. The relevant Supplier is responsible for the delivery and shipping of Products purchased by you through the Website. You should refer to the relevant Supplier’s Terms and Conditions in relation to the costs and the particulars of a Supplier’s terms in relation to the delivery of Products.
  4. If a Supplier is unable to deliver a Product to you within the stated timeframes, and if that Supplier has notified us of this, we will contact you and to make arrangements for a refund.
  5. You can track the delivery of your Product through the Website.

6 Refunds, returns & complaints

The Supplier is solely responsible for refunds, returns and complaints relating to Products purchased through the Website. You must log any request for a refund, return, or the details of any complaint on the Website and we will pass this on the relevant Supplier. The Supplier will then contact you directly to resolve the matter.

7 Liability and warranties

  1. To the extent permitted by law, and subject to clause 7e, we exclude all liability to you in respect of any loss or damage howsoever caused which may be suffered or incurred by you and which may arise directly or indirectly in respect of:
    • your use of the Website or any linked website;
    • any information published on the Website, including in relation to Product prices or availability;
    • Products purchased on the Website pursuant to the Supplier’s Terms and Conditions and any other goods or services supplied pursuant to these Terms and Conditions;
    • any failure or omission on our part to comply with our obligations under these Terms and Conditions;
    • a Supplier’s failure to comply with its obligations under the Supplier’s Terms and Conditions; and
    • any negligent act or omission by us or by a Supplier in the provision of the Website, Products or any other goods or services to you.
  2. We expressly exclude all liability for special, indirect or consequential loss or damage, including without limitation, loss of enjoyment of wedding function or celebration, loss of use, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with the interruption of your wedding function, celebration or other event, howsoever caused.
  3. Our hosting of a Supplier’s Store on the Website should not be construed as an endorsement, approval or recommendation by us of that Supplier or the Supplier’s Products, or of any information, graphics, materials, Products or services referred to or contained in that Supplier’s Store.
  4. We make no representation or warranty in relation to:
    • the operation or functionality of the Website;
    • any information supplied to us by a Supplier or advertiser and published on the Website;
    • the accuracy of information or prices of Products published on the Website; or
    • the fitness for purpose or suitability of Products or any other goods or services supplied to you by us or by a Supplier through the Website.
  5. To the extent that any warranties or guarantees implied by law are not capable of being excluded or modified, our total liability, including that of our employees, servants and agents, for breach of such warranties or guarantees is limited to one or the other of the following, at our option:
    • if the breach relates to goods:
      • the replacement of the goods supplied or the supply of equivalent goods; or
      • the payment of the cost of replacing the goods or of acquiring equivalent goods;
    • if the breach relates to services:
      • the supplying of the services again; or
      • the payment of the cost of having the services supplied again.
  6. You agree that any claims you have in relation to Products, including claims relating to delivery, refunds, returns or complaints relating to Products, are solely against the relevant Supplier.
  7. You warrant that:
    • you are a resident of Australia or New Zealand and are accessing the Website from Australia or New Zealand;
    • you possess the legal authority to enter into these Terms and Conditions and the Supplier Terms and Conditions;
    • you are responsible (financially and otherwise) for your use of the Website;
    • the information you supply, whether to us or to a Supplier, is accurate and will not be misleading or deceptive or likely to mislead or deceive;
    • any information posted by you on the Website, including reviews or comments in relation to us, our advertisers and our Suppliers, will not be harassing, threatening, defamatory or abusive to others.

8 Indemnity

You release, indemnify and keep indemnified us and our Suppliers and each of our servants and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against us or our Suppliers arising out of:

  1. a breach of these Terms and Conditions by you;
  2. a breach of warranty contained in clause 7g;
  3. any wilful, unlawful or negligent act or omission by you; or
  4. your use of the Website, including the publication of any material on the Website by you.

9 Copyright

Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
  2. commercialise any information, Products or services obtained from any part of the Website,
    • without our written permission.

10 Trade marks

  1. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered or unregistered trade mark.
  2. If you use any of trade marks appearing on the Website in reference to us and our activities, goods or services or our Supplier’s activities or Products, you must include a statement attributing that trade mark to the owner of that trade mark. You must not use any of our or our Supplier’s trade marks:
    • in or as the whole or part of your own trade marks;
    • in connection with activities, Products or goods or services which are not ours or our Suppliers;
    • in a manner which may be confusing, misleading or deceptive; or
    • in a manner that disparages us or our Suppliers or either of our information, Products or goods or services (including the Website).

11 Linked websites

  1. The Website may contain links to other websites (linked websites). Those links are provided for convenience only and may not be accurate, current or maintained.
  2. We are not responsible for the content or privacy practices associated with linked websites.
  3. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

12 Privacy policy

We undertake to comply with the terms of our privacy policy in respect of the use of your personal information.

13 Security of information

  1. Processing of your payment via credit card is done via a Westpac payment gateway which uses SSL and PCI compliant encryption for your payment and personal details. However, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
  2. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

14 General

  1. We reserve the right to amend these Terms and Conditions and any Supplier Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the amended Terms and Conditions and amended Supplier Terms and Conditions, as applicable.
  2. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably submit to the courts of or in that State (including the Federal Courts) and the courts that hear appeals from those courts.
  3. If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.
  4. No waiver by us of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by us, our employees or agents (which but for this clause ought or might amount to a waiver of our rights in respect of any such breach or default) does not operate as a waiver in any way of our rights and powers in respect of such breach or default.
  5. We are not liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay or failure is due to circumstances beyond our reasonable control which results in us being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government, acts of third parties (including Suppliers, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure or strike or lockout.
  6. These Terms and Conditions, the Supplier’s Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between us and supersedes any prior arrangement, understanding or representation between us.