This agreement is between you, the user and/or visitor to the website (whom we refer to as “you”, “your” in this document) and Eventory Group Pty Ltd ABN 92 156 091 655, trading as My Overseas Wedding (we refer to ourselves as “us”/“we”/“our” in this document). By accessing and using the Website you agree to be bound by these terms and conditions (Terms) which may be varied by us from time to time. Terms which are capitalised are defined in clause 1.
- 1.1. In these Terms, unless the context otherwise requires:
- Account means an account created by us which may be accessible via the Website and through which a User may submit a Booking Enquiry;
- Account Password means a form of letters, numerals and/or symbols which is issued or approved by us in relation to an Account and which may be used to access and operate upon an Account;
- Booking Enquiry(s) or Request(s) to Book means an enquiry made by a User concerning the Supplier, the Venue Spaces or the Supplier Services;
- Guarantee means a guarantee for the purposes of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth);
- Supplier means the entity with whom the User enters a contract for the provision of the Supplier Services and Venue Spaces;
- Supplier Fees means any and all fees and charges payable by a User to a Supplier in respect of the Supplier Services or Venue Spaces pursuant to the Supplier Terms;
- Supplier Services means the services provided, or which may be provided, by the Supplier to the User and, where context permits, includes making available and providing the Venue Spaces;
- Supplier Terms means the terms and conditions pursuant to which the Supplier will provide the Supplier Services to the User;
- Us / we / our / means Eventory Group Pty Ltd ABN 92 156 091 655 its associated entities or permitted assigns of which we have provided you with notice by any means including via the Website;
- User means a person in relation to whom we have created an Account or otherwise a person who makes a Booking Enquiry;
- User Event means a Supplier Service provided by or for the Supplier to a User which is pursuant to an offer by a Supplier to the User based on or in any way related to a Booking Enquiry;
- Venue Spaces means the venue spaces provided by the Supplier as part of the Supplier Services;
- Website means the site(s) accessible at www.myoverseaswedding.com, www.myoverseaswedding.com.au or such other sites operated by Eventory Group from time to time; and
- You / yours means any natural person of at least 18 years of age who accesses the Website and may include, without limitation, a User.
2. USE OF WEBSITE AND ACCOUNT
- 2.1. You must use the Website and any Account we create for you only in accordance with the Terms. You use the Website and the Account at your sole risk. You are responsible for all activity on the Account.
- 2.2. You must not use the Website or the Account for any purpose other than that for which it is intended to be used by Users generally, or for any malicious purpose.
- 2.3. You must not copy, distribute, commercialise or otherwise use any Website content otherwise than as permitted by law, the Terms, or by our consent.
- 2.4. You must not access, or attempt to access the Website or the Account from any place or in any circumstance where such access may be illegal.
3. CREATING AND USING AN ACCOUNT
- 3.1. In order to make a Booking Enquiry, and use all the features of the Website, we may require you to register for an Account. If we require you to register, you may do so via the Website and you must provide us with such personal information as we may require including your name, address, and a valid email address. You must maintain the currency of the information you provide to us.
- 3.2. In order for us to create an Account for you, you must create and use an Account Password which you must keep secure and confidential.
- 3.3. If you know or suspect of any unauthorised use of your Account, you must request cancellation or disablement of the Account as soon as possible.
- 3.4. You may request us to terminate or disable your Account at any time.
- 3.5. We may suspend, terminate or disable, an Account or block access to the Website for any reason from time to time. We do not warrant that either or both the Account or the Website will be available at any particular time.
- 3.6. We may send, whether electronically or otherwise, administrative and promotional materials to you from time to time, unless you opt out of receiving such materials from us via the Website.
4. BOOKING ENQUIRIES AND BOOKINGS
- 4.1. We operate the Website on which the Supplier Services and Venue Spaces may be listed and promoted from time to time. We act as an agent for the Supplier. We may receive payment from the Supplier for or in respect of any User Event.
- 4.2. Without limitation of any other right we may have, we reserve the right to remove from the Website any listing of a Supplier, Supplier Services or Venue Spaces.
- 4.3. Subject to this clause, you may make a Booking Enquiry of a Supplier via the Website. We reserve the right to refuse a Booking Enquiry for any reason, in which case we will notify you.
- 4.4. In order to make a Booking Enquiry, you may be required to provide us with such personal information as we may require including your name, address, and a valid email address.
- 4.5. A Booking Enquiry made may result in an offer made to you in respect to Supplier Services, including making available the Venue Spaces.
- 4.6. Any offer made in response to a Booking Enquiry, is pursuant to our booking terms, available at www.myoverseaswedding.com/bkg-terms.
- 4.7. We may, as agents for the Supplier, correspond with you concerning the Supplier Services, including but not limited to the making of offer(s) to provide you with Supplier Services and Venue Spaces, confirmation of bookings for Supplier Services and Venue Spaces, and invoicing the Supplier Fees.
5. SUPPLIER SERVICES AND VENUE SPACES
- 5.1. You agree and acknowledge that the Supplier is and remains wholly and solely responsible for making available the Venue Spaces and providing the Supplier Services, and we do not assume any responsibility or liability in this regard.
- 5.2. We make no representation or warranty as to the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any Supplier Services or Venue Spaces.
- 5.3. Any listing of a Venue Space or Supplier Services appearing on the Website is intended to be indicative only and is subject to change without notice.
- 5.4. Any information on the Website is, and is intended to be, general in nature, and should not be relied upon without first making such independent enquiries as to the accuracy of the information as may be appropriate. Any photographs or other visual depictions are intended to be indicative only. Whilst we take every opportunity to verify the information provided to us by Suppliers, we rely on the Supplier to provide us with information that is accurate and up-to-date and we do not accept liability for errors or inaccuracies in the information provided to us by the Supplier.
- 5.5. The Supplier provides the Supplier Services and makes available the Venue Spaces pursuant to the Supplier Terms, and the User is responsible for complying with, and ensuring any other persons who may attend a User Event comply with, the Supplier Terms.
- 5.6. If you arrange a User Event for or on behalf of any other person(s), you must ensure that the person(s) is aware of, understands and complies with, the Supplier Terms.
6. CONTENT YOU SUBMIT
- 6.1. With respect to any content you submit or make available to us (other than personal information, which is handled in accordance with the Privacy Notice www.myoverseaswedding.com/privacy-policy), including but not limited to endorsements or testimonials, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sub-license such content or any part of such content, in any media. For Suppliers this also includes but is not limited to images and videos.
- 6.2. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to us.
7. LIMITATION OF LIABILITY
- 7.1. Subject to this clause 6, and to the extent permitted by law, we exclude all implied warranties and conditions which might otherwise apply to these Terms.
- 7.2. Subject to this clause 6, and to the extent permitted by law, we and our employees, contractors or agents accept no liability arising out of or in connection with the Website, the Terms, the Supplier or the Supplier Services, including the Venue Spaces, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of us, our employees, contractors or agents, in which case our liability, including liability for our failure to comply with a Guarantee, shall be limited to, as we determine:
- 7.2.1. the supply of the services pursuant to these Terms again; or
- 7.2.2. the payment of the cost of having the services pursuant to these Terms supplied again.
- 7.3. Nothing in this clause 6 shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
- 7.4. You indemnify us against any loss, damage or injury we incur or sustain as a direct or indirect result of breach of the Terms or Supplier Terms by you.
- 8.1. If you are unhappy with our products and services, we are more than happy to listen to your concerns and address them with you.
- 8.2. You agree that once you sign a wedding agreement, that you will be bound to the new wedding agreement’s terms and conditions. Any guarantees before this will no longer be valid.
9. GENERAL TERMS
- 9.1. As consideration for our promise to provide the Website and the services pursuant to these Terms, you promise to comply with these Terms and the Supplier Terms, including with respect to the payment of the Supplier Fees.
- 9.2. If any of these Terms is invalid or unenforceable it is to be read down so as to enable it to be valid and enforceable or otherwise severed so as to preserve the enforceability of the remaining Terms.
- 9.3. The Terms contain the entire agreement between us and you and are governed by the laws of New South Wales.
- 9.4. Your continued use of the Website or the Account indicates your acceptance of any amendment we make to these Terms from time to time.
- 9.5. The Website may contain links to other websites, content or resources not provided by us. We do not necessarily endorse, sponsor or approve of any such websites, content or resources and accept no responsibility for them.
- 9.6. We may vary the Terms at any time without notice.
- 9.7. Notwithstanding clause 3.7, if we determine to transfer, whether by sale or otherwise, any of the assets of the business through which we operate the Website or otherwise provide related services, or any interest we may have in any entity which carries on such business, we may assign all our right, title and interest in this agreement to the transferee which will include all details in relation to any you and the Account.
- 9.8. We reserve all our rights to the extent that they are not reserved by the Terms.