Website Terms & Conditions — My Overseas Wedding

Website Terms & Conditions

 
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and Website Disclaimer, govern MyOverseasWedding.com’s relationship with you in relation to your use of this website. MyOverseasWedding.com is an online platform provided by Eventory Group Pty Ltd (ACN: 156 091 655) trading as My Overseas Wedding.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “MyOverseasWedding.com”, “Platform”, “Us”, “Our” and “We” refers to Eventory Group Pty Ltd, a limited liability company incorporated under the laws of Australia. “You” and “Your” refers to you, the client, supplier, venue partner, visitor, website user or person using our website.

 

1. DEFINITIONS
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;
  • Booking Enquiry(s) or Request(s) to Book means an enquiry made by a User concerning the Supplier, Venue Spaces or Supplier Services;
  • Booking Service(s) means an online purchase, order, payment or reservation is completed using the Platform;
  • Supplier means the entity with whom the User forms a direct contractual relationship with for the provision of the Supplier Services and Venue Spaces;
  • Supplier Fees means any fees and charges payable by a User to a Supplier in respect to the Supplier Services or Venue Spaces pursuant to the Supplier Terms;
  • Supplier Services means the services and/or products provided, or which may be provided, by the Supplier to the User. This includes making available and providing Venue Spaces, event-related services, travel services and accommodation;
  • Supplier Terms means the Supplier’s own terms and conditions required for providing Supplier Services to the User;
  • Privacy Policy means our Privacy Policy as amended by us from time to time and which is accessible from the website (www.myoverseaswedding.com/privacy-policy);
  • User means a person who makes a Booking Enquiry, often related to a Website visitor who we have created an Account for;
  • User Event means a Supplier Service (provided by or for the Supplier) to a User, following an offer by a Supplier to the User through a Booking Enquiry;
  • Venue Spaces means the venue spaces provided by the Supplier as part of the Supplier Services;
  • Website or Platform means the site(s) accessible at www.myoverseaswedding.com or other sites operated by Eventory Group Pty Ltd 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

  • 2.1. MyOverseasWedding.com allows selected suppliers to advertise, market, promote and sell their products and services for purchase, reservation or hire to relevant users of the Platform. These users can find, compare, enquire, quote, request to book, make a booking or reservation, purchase or make payment(s).
  • 2.2. 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.
  • 2.3. 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.
  • 2.4. You must not copy, distribute, commercialise or otherwise use any Website content otherwise than as permitted by law, the Terms, or by our consent.
  • 2.5. 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. 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 need to provide us with personal information including your name, address, and a valid email address. It is your responsibility to keep your information up to date.
  • 3.2. If you know or suspect any unauthorised use of your Account, you must request cancellation or disablement of the Account as soon as possible.
  • 3.3. You may request us to terminate or disable your Account at any time.
  • 3.4. We may suspend, terminate or disable, an Account or block access to the Website for any reason at any time. We do not warrant that either or both the Account or the Website will be available at any particular time.
  • 3.5. 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. Supplier Services and Venue Spaces may be listed and promoted on our Website. We act as an agent for the Supplier. Suppliers may pay us a commission (a small percentage of the product price) for a User Event booked on our Website.
  • 4.2. To make a Booking Enquiry for a Supplier, you may be required to provide us with personal information including your name, address, and a valid email address.
  • 4.3. A completed Booking Enquiry may result in an offer made to you by the Supplier in respect to Supplier Services and Venue Spaces. Any offer made in response to a Booking Enquiry is pursuant to these terms and conditions.
  • 4.4. Suppliers may have their own Supplier Terms for bookings (e.g. wedding agreement) which are legally binding after booking. This is in addition to our terms and conditions.
  • 4.5. As agents of the Supplier, we may correspond with you concerning the Supplier Services and may provide you with offers of Supplier Services and Venue Spaces, confirmation of bookings for Supplier Services and Venue Spaces, and invoicing of Supplier Fees.
  • 4.6. By booking a Supplier, you are forming a direct contractual relationship (legally binding) with the relevant Supplier of the goods and/or services you are purchasing. At the point where you make your booking, we act solely as an intermediary between you and the Supplier. We may also send relevant details relating to the goods and/or services to the Supplier where required.
  • 4.7. Payments completed using our Booking Services, will be processed and sent to the relevant Supplier(s) upon successful receipt of payment to our nominated bank account(s). Payments to Suppliers are made promptly by us to minimise exposure to fluctuating foreign exchange rates.
  • 4.8. We are committed to providing you with the very best prices and value. Our prices are sourced directly from our Suppliers and are extremely competitive. However should you find a better price for the exact same Supplier, Supplier Service and Supplier Terms, please do not book the Supplier and notify us immediately at [email protected] The better price must also be offered by an authorised 3rd party and have the same dates, number of guests, inclusions, booking terms, cancellation terms, have a total price variance of more than 5% to cater to changing foreign currency rates and be live and publicly available for purchase. We offer a Best Price Guarantee and should you qualify for this, we will work with the Supplier to match or beat the price. Please note our Best Price Guarantee is no longer valid once a Supplier has been partially or fully booked which includes providing a signed agreement or payment(s) to the specific Supplier for the specific Supplier Services in question.
  • 4.9. All users who successfully book a Supplier using our Booking Services, will be eligible for exclusive benefits or offers from MyOverseasWedding.com. Benefits and offers are given at our discretion and can change without notice. For more information contact [email protected]
  • 4.10. We reserve the right to remove from the Website any listing of a Supplier, Supplier Services or Venue Spaces. We reserve the right to refuse a Booking Enquiry for any reason, in which case we will notify you.

 

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. The Supplier provides Supplier Services and 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.
  • 5.3. The relationship we have with each of our suppliers is governed by a separate commercial agreement with its own terms and conditions. Each supplier is required to act in a professional manner via MyOverseasWedding.com when making its products and services available on or through the Platform.
  • 5.4. The information disclosed on the Website is based on information provided to us by our Suppliers. Suppliers that market and promote their products through our Platform are fully responsible for updating prices, policies, information that is displayed on our site. 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. If you arrange a User Event for or on behalf of any other person(s), you are responsible for ensuring that the person(s) is aware of, understands and complies with all applicable terms and conditions.

 

6. AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our Website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.

If you choose to use our Website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and MyOverseasWedding.com’s rights and obligations to each other.

 

7. LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that MyOverseasWedding.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

Any information on the Website is, and is intended to be, general in nature and is subject to change without notice. It 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.

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. We cannot verify and cannot guarantee that all information is accurate, complete or correct, nor are we responsible for any errors, interruptions, breakdowns or repairs.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

MyOverseasWedding.com disclaims any liability or responsibility for any communication by or with the Supplier on or through the Platform. You cannot obtain any rights from any communication, requests made or acknowledgements made with the Supplier. We cannot guarantee that any communication or requests will be received by, complied with, executed or accepted by the Supplier.

We will not be liable to you in respect to any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You agree to indemnify, defend and hold us (and each of its officers, employees and agents) harmless against any loss incurred or arising in respect of (a) the death or illness of, or personal injury to, any individual in connection with your use of the Platform; or (b) the loss or destruction of, or damage to, any tangible property of the Supplier or any person in connection with your use of the Platform, except to the extent such Loss arises from our willful misconduct.

For any claim or complaint against MyOverseasWedding.com or in respect to our services, must be immediately submitted, in any event within 30 days after the scheduled fulfilment day of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit their right to any (damage or cost) compensation.

Terms, conditions and warranties implied by Law which cannot be excluded, restricted or modified, apply to these terms and conditions to the extent required by Law.

 

8. COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), MyOverseasWedding.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods or services; or the payment of the cost of having the goods or services supplied to you again.

MyOverseasWedding.com shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate cost of our direct services.

For MyOverseasWedding.com’s paid membership services (including MOW Plus), our liability is limited to the aggregate amount paid for membership. For services provided free-of-charge on our Platform, our liability is limited to providing you with access to our Platform again.

You must be over 18 years of age to use this website and to purchase any goods or services.

 

9. RETURNS AND REFUNDS

MyOverseasWedding.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order for any of our paid membership services, please notify us immediately within 30 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will provide you with a full refund. Refunds will be processed promptly using the same method that you made payment where possible. All refunds are made at the discretion of MyOverseasWedding.com.

Returns and refunds of Supplier Services are dealt with directly between the User and Supplier, and is subject to the corresponding Supplier Terms and Supplier approval. You must notify the Supplier promptly and give a valid reason for return. Once approval has been given, refunds or other agreed methods of compensation (e.g. floating credits) will be processed as per the Supplier Terms. If you require assistance please notify us, and as an intermediary, we will try to help streamline the process.

 

10. LINKS TO OTHER WEBSITES

MyOverseasWedding.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between MyOverseasWedding.com and the owners of those websites. MyOverseasWedding.com takes no responsibility for any of the content found on the linked websites.

MyOverseasWedding.com’s website may contain information or advertisements provided by third parties for which MyOverseasWedding.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

 

11. DISCLAIMER

To the fullest extent permitted by law, MyOverseasWedding.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. MyOverseasWedding.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of MyOverseasWedding.com to bear any and all costs for remediation or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

 

12. YOUR PRIVACY

At MyOverseasWedding.com, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. You may change your details at any time by advising us in writing via email. Please read our separate Privacy Policy carefully (www.myoverseaswedding.com/privacy-policy).

All information we receive from our customers is protected by our secure servers. MyOverseasWedding.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

 

13. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

With respect to any content you upload, submit or make available to us (other than personal information, which is handled in accordance with the Privacy Policy (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.

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.

MyOverseasWedding.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

14. THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

 

15. DISCLOSURE OF INFORMATION

MyOverseasWedding.com may be required, in certain circumstances, to disclose information in good faith and where MyOverseasWedding.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

 

16. EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of MyOverseasWedding.com. MyOverseasWedding.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party.

If you breach this term then MyOverseasWedding.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. MyOverseasWedding.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

 

17. WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and MyOverseasWedding.com concerning your use and access to MyOverseasWedding.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

 

18. EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

19. JURISDICTION

This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and MyOverseasWedding.com that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.