Terms and Conditions

Welcome to WEDMUSE!

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your access to and use of the WedMuse mobile application and any services, features, content or functionality made available through it.

By creating an Account, accessing or using the Platform, you agree to be bound by this agreement. This agreement forms a binding agreement between you and WEDMUSE PTY LTD ABN 30 698 221 564.

The remainder of this agreement is divided into three parts:

· Part A applies to all Users.

· Part B applies to vendors, venues and other businesses that create, manage or appear in a business profile or listing on the Platform.

· Part C applies to Users who use the Platform to search for, view, save, compare or otherwise engage with vendor, venue or other business profiles, listings, content or information.

If you use the Platform as a vendor, venue or other business, Part A and Part B apply to you.

If you use the Platform to search for, view, save, compare or otherwise engage with vendor, venue or other business profiles, listings, content or information, Part A and Part C apply to you.

If you use the Platform in more than one capacity, each relevant Part applies to you.

In this agreement, the Platform means the WedMuse mobile application and any related services, features, content or functionality we make available through the application.

If you access or download the Platform from the Apple App Store or Google Play Store, your use of the Platform may also be subject to the applicable app store terms, conditions, licence terms and usage rules.

The Platform may use or integrate with third party services, including Google Maps or other mapping services. Your use of those third party services may also be subject to their own terms and policies.

Part A All Users

1 ELIGIBILITY

(a) The Platform is intended for use by people who are at least 18 years old, wedding vendors, venues, and people using the Platform with the consent and supervision of a parent or guardian.

(b) By creating an Account or using the Platform, you represent and warrant that:

(i) You are at least 18 years old.

(ii) If you are under 18 years old, you have the consent and supervision of your parent or guardian to use the Platform.

(iii) You have not previously been suspended, removed or prohibited from using the Platform.

(iv) All information you provide to us is accurate, complete and up to date.

(v) If you use the Platform on behalf of a business, venue, company or organisation, you are authorised to do so and to bind that business, venue, company or organisation to this agreement.

(c) If you are accepting this agreement or using the Platform on behalf of a business, venue, company, organisation or other legal entity, then references to you and your include that entity, and you warrant that you have authority to accept this agreement on its behalf.

(d) You must not access or use the Platform if you are under 18 years old and do not have parent or guardian consent, if you have previously been suspended or prohibited from using the Platform, or if you do not have authority to use the Platform on behalf of the business, venue, company or organisation you claim to represent.

2 ACCOUNTS

(a) You must create an Account to access and use the Platform.

(b) When you create an Account, you may be required to provide information such as:

(i) Your name.

(ii) Your email address.

(iii) Your phone number.

(iv) Your username and password.

(v) Your wedding date, wedding location and other wedding-related profile information.

(vi) Your business name, ABN, business details, venue details, vendor category, service information and listing information.

(vii) Your billing, subscription and App Store purchase information.

(viii) Any other information reasonably required to create, maintain or verify your Account.

(d) You must keep your Account information up to date, including your contact details, business details, vendor listing information and venue information.

(e) You are responsible for maintaining the confidentiality and security of your Account login details. You must not share your Account login details with any other person or allow any other person to access the Platform using your Account.

(f) You must notify us promptly if you become aware of any unauthorised access to your Account or any actual or suspected security issue relating to your Account.

(g) We may accept, reject, suspend or cancel an Account where we reasonably consider it necessary to protect the Platform, other users, our business or our legal rights, including where:

(i) You provide inaccurate, incomplete, false or misleading information.

(ii) You breach this agreement.

(iii) You misuse the Platform.

(iv) You upload unlawful, infringing, offensive, explicit or inappropriate content.

(v) You impersonate another person or business.

(vi) You create a risk to the security, integrity or reputation of the Platform.

(vii) You have previously been suspended or removed from the Platform.

(h) We may contact you about your Account, your use of the Platform, your content, any complaint, any concerning behaviour or any suspected breach of this agreement.

3 USER OBLIGATIONS

(a) You must use the Platform in a lawful, respectful and reasonable way.

(b) As a User, you agree that you must not:

(i) Harass, threaten, bully, intimidate, stalk, endanger, abuse, discriminate against or impersonate any other person.

(ii) Upload, post, save, share or link content that is unlawful, harmful, threatening, abusive, defamatory, misleading, deceptive, offensive, explicit, pornographic, discriminatory, invasive of privacy or otherwise inappropriate.

(iii) Use the Platform to distribute spam, unsolicited commercial content, junk mail, bulk messages, malware, viruses or other harmful code.

(iv) Use the Platform for any illegal, fraudulent, misleading or deceptive purpose.

(v) Use the Platform to promote goods or services unless that use is permitted by your Account type or approved by us.

(vi) Use the Platform in a way that may harm our reputation, the reputation of the Platform or the experience of other Users.

(vii) Copy, scrape, crawl, index, data mine, harvest, reverse engineer, decompile, modify, adapt, translate, reproduce or make automated use of the Platform or any part of it, except as permitted by law or approved by us in writing.

(viii) Interfere with, disrupt, damage or compromise the security, integrity, availability or performance of the Platform.

(ix) Attempt to gain unauthorised access to any Account, system, network, data or part of the Platform.

(x) Share your Account login details or allow any other person to access the Platform using your Account.

(xi) Provide false, inaccurate, incomplete or misleading information to us or to another User.

(xii) Upload, post, save, share or link any content unless you have all rights, licences, permissions and consents required to do so.

(xiii) Use the Platform in breach of this agreement, our policies, any applicable app store terms or any applicable law.

(c) You acknowledge that information available through the Platform, including vendor information, venue information, listings, locations, profiles, linked content and other User content, may be provided by Users or third parties. We do not guarantee that this information is accurate, complete, current or suitable for your intended purpose.

(d) You are responsible for making your own enquiries before engaging, booking, purchasing from, relying on or communicating with any vendor, venue or other User outside the Platform.

(e) We may update, change, suspend, remove or discontinue any feature, content or functionality of the Platform where we reasonably consider it necessary for legal, technical, security, business or operational reasons.

(f) We may suspend or cancel your Account if we reasonably consider that you have breached this clause, created risk for us or other Users, or used the Platform in a way that is unlawful, inappropriate or inconsistent with the purpose of the Platform.

4 POSTED MATERIALS

4.1 WARRANTIES

(a) In this agreement, Posted Material means any information, content, material, image, photograph, video, link, URL, social media content, vendor listing, venue listing, profile information, location information, business information, inspiration board, comment or other material that you upload, post, save, share, link or otherwise make available through the Platform.

(b) By providing Posted Material, you represent and warrant that:

(i) You own the Posted Material or have all rights, licences, permissions and consents required to provide it to us and make it available through the Platform.

(ii) You have obtained all necessary permissions from any photographer, creator, business, person or rights holder connected with the Posted Material.

(iii) The Posted Material is accurate, complete, current and not misleading at the time it is provided.

(iv) Any business, vendor, venue, pricing, service, availability, location or contact information in the Posted Material is accurate, complete, current and not misleading at the time it is provided.

(v) The Posted Material does not contain any offensive, explicit, pornographic, obscene, harmful, discriminatory, defamatory, maliciously false, threatening, abusive or otherwise inappropriate material.

(vi) The Posted Material does not infringe any Intellectual Property Rights, privacy rights, moral rights, confidential information rights or other rights of any person.

(vii) The Posted Material does not include any virus, malware, spyware, harmful code or other material that may damage, disrupt or compromise the Platform or any network, system or device.

(viii) The Posted Material does not breach this agreement, any applicable law or any applicable third party terms.

(ix) You are solely responsible for the Posted Material and for keeping your own copies and records of it.

4.2 LICENCE

(a) You retain ownership of any Intellectual Property Rights you hold in your Posted Material.

(b) You grant us a worldwide, royalty-free, transferable, sublicensable and perpetual licence to use, host, store, copy, display, publish, reproduce, communicate, adapt, modify, distribute and otherwise exploit your Posted Material for the purposes of:

(i) Operating, providing, maintaining and improving the Platform.

(ii) Displaying your profile, listing, saved content or other Posted Material to other Users in accordance with your Account settings and the functionality of the Platform.

(iii) Promoting, advertising and marketing the Platform and WedMuse.

(iv) Creating and publishing promotional, editorial, social media, website, app store and marketing material for WedMuse.

(v) Complying with law, enforcing this agreement and protecting our rights, Users and the Platform.

(c) You consent to us doing any act or omission in relation to your Posted Material that may otherwise infringe any moral rights you have in that Posted Material, including editing, cropping, adapting, reformatting, not attributing you as author, and using the Posted Material with other content.

(d) You must ensure that any person who has moral rights in your Posted Material has consented to us using the Posted Material in the way contemplated by this agreement.

(e) You indemnify us against any loss, damage, liability, claim, cost or expense we suffer or incur arising from or in connection with:

(i) Your Posted Material.

(ii) Your breach of any warranty in this clause.

(iii) Any claim that your Posted Material infringes any Intellectual Property Rights, moral rights, privacy rights, confidential information rights or other rights of any person.

(iv) Any claim by a photographer, creator, vendor, venue, business, person or rights holder connected with your Posted Material.

4.3 REMOVAL

(a) We are not required to monitor or screen Posted Material before it is uploaded, posted, saved, shared, linked or otherwise made available through the Platform.

(b) We may review, hide, disable, remove, delete or restrict access to any Posted Material where we reasonably consider it necessary, including where:

(i) The Posted Material may breach this agreement or any applicable law.

(ii) The Posted Material may infringe the rights of any person.

(iii) The Posted Material is offensive, explicit, pornographic, obscene, harmful, discriminatory, defamatory, misleading or otherwise inappropriate.

(iv) The Posted Material may create legal, reputational, operational, technical or security risk for us, any User or the Platform.

(v) We receive a complaint or takedown request in relation to the Posted Material.

(c) You acknowledge that the Platform is not a backup or storage service. You are responsible for keeping your own copies of your Posted Material, and we are not responsible for any loss, deletion, corruption or failure to store Posted Material, except to the extent that liability cannot be excluded under applicable law.

5 REFUNDS, SERVICE INTERRUPTIONS, AND CANCELLATIONS

(a) You acknowledge that WedMuse is an app-based platform that allows Users to discover, save, view and connect with wedding-related inspiration, vendors and venues. We do not provide wedding services, vendor services or venue services, and we are not responsible for any booking, purchase, event, arrangement, communication, cancellation, refund, dispute or issue between Users, vendors, venues or third parties outside the Platform.

(b) To the maximum extent permitted by law, we are not liable to you for any loss, damage, cost, refund, compensation or other amount arising from or in connection with:

(i) A vendor, venue or other User cancelling, changing, refusing, delaying or failing to provide any goods or services.

(ii) Any booking, purchase, quote, arrangement, communication or agreement made outside the Platform.

(iii) Any issue with the quality, availability, suitability, timing, pricing, description or delivery of goods or services provided by a vendor, venue or other third party.

(iv) Any vendor, venue or third party refusing to provide a refund or other remedy.

(v) The Platform being unavailable, interrupted, delayed, defective or affected by technical faults.

(vi) Any Posted Material, saved content, profile information, location information, listing information or other data being lost, deleted, corrupted, unavailable or not stored.

(c) We do not control and are not responsible for the cancellation policies, refund policies, service terms, booking terms or business practices of any vendor, venue or third party.

(d) Your subscription payments, free trial, cancellation rights and refund rights for access to the Platform are managed through the relevant app store or payment provider, unless we notify you otherwise. You are responsible for managing your subscription through your app store account or payment provider account.

(e) Nothing in this agreement limits any rights you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

6 VERIFICATION

(a) We may require or allow Users, vendors or venues to verify information connected with their Account, profile, business, venue, listing or identity.

(b) Verification may include reviewing information such as:

(i) Your name and contact details.

(ii) Your business name, ABN, business registration details or other business information.

(iii) Your venue details, trading information or public business information.

(iv) Your website, social media pages, online presence or other publicly available information.

(v) Any other information we reasonably request to help us assess whether your Account, profile, vendor listing or venue listing should be verified or remain available on the Platform.

(d) We may use our own processes or third party service providers to conduct verification. Where we use a third party service provider, we may collect, use and disclose your personal information in accordance with our Privacy Policy and as reasonably necessary to complete the verification process.

(e) Verification does not mean that we endorse, recommend, guarantee or accept responsibility for any User, vendor, venue, business, listing, goods, services, price, availability, location or other information.

(f) You acknowledge that verification may be limited to the information available to us at the time and may not identify all risks, errors, omissions, changes or issues.

(g) You are responsible for making your own enquiries before engaging, booking, purchasing from, relying on or communicating with any User, vendor, venue or third party outside the Platform.

(h) We may refuse, remove, suspend or withdraw verification where we reasonably consider it necessary, including where information is inaccurate, incomplete, misleading, outdated, unverifiable or creates risk for us, other Users or the Platform.

7 PAYMENTS AND APP STORE PURCHASES

(a) Subscriptions and paid access to the Platform may be purchased through the Apple App Store, Google Play Store or any other app store or payment provider we make available from time to time.

(b) If you purchase a subscription or paid access through an app store or payment provider, your purchase will be processed by that app store or payment provider and will also be subject to their terms, conditions, payment rules, cancellation processes and privacy policies.

(c) We do not collect or store your full payment card details where your payment is processed by an app store or third party payment provider.

(d) You are responsible for managing your subscription, renewal, cancellation and payment settings through the relevant app store or payment provider account, unless we notify you otherwise.

(e) To the maximum extent permitted by law, we are not responsible for any act, omission, delay, outage, error, security issue, billing issue, refund decision or payment processing issue of any app store or third party payment provider.

(f) We may correct, or ask the relevant app store or payment provider to correct, any error or mistake in relation to a payment, subscription, billing amount or account charge.

(g) Nothing in this clause limits any rights you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

8 SERVICE LIMITATIONS

(a) The Platform is provided as an app-based tool to help Users discover, save, view and organise wedding-related inspiration, vendors, venues and content.

(b) While we take reasonable steps to provide a useful and functional Platform, you acknowledge that:

(i) The Platform may contain errors, defects, bugs, interruptions or delays.

(ii) The Platform may be unavailable from time to time, including because of maintenance, updates, outages, technical issues, app store issues or third party provider issues.

(iii) Some features, content, links, saved items, maps, search results, location information, vendor information or venue information may not be accurate, complete, current, available or suitable for your intended purpose.

(iv) Content uploaded, saved, shared or linked by Users may be lost, deleted, corrupted, unavailable or not stored.

(v) Third party links, embedded content, social media content, map data and other third party services may change, become unavailable or not work as expected.

(vi) The Platform may not prevent all unauthorised access, security issues or loss of data.

(c) We do not guarantee that the Platform will be uninterrupted, error-free, secure, free from harmful code, compatible with all devices, available at all times, or that all content will be saved, stored or recoverable.

(d) You are responsible for keeping your own copies of important content, images, links, vendor details, venue details, booking information and other information you need outside the Platform.

(e) You should make your own enquiries before relying on any information available through the Platform, including any vendor information, venue information, location information, map information, listing information, linked content or User content.

(f) Nothing in this clause limits any rights you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

9 INTELLECTUAL PROPERTY

(a) We own or license all Intellectual Property Rights in the Platform and our content, including the app, software, source code, object code, design, layout, features, functionality, trade marks, business names, logos, branding, text, graphics, icons, images, videos, audio, templates, databases, compilations, algorithms, search functionality and other materials we make available through the Platform.

(b) Subject to your compliance with this agreement, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose.

(i) Copy, reproduce, modify, adapt, translate, publish, communicate, distribute, sell, license, transfer or commercially exploit the Platform or our content.

(ii) Reverse engineer, decompile, disassemble, reconstruct or attempt to derive the source code, structure, sequence, organisation or underlying ideas of the Platform.

(iii) Scrape, crawl, index, data mine, harvest or extract data from the Platform.

(iv) Use our trade marks, logos, business names, branding or get-up.

(v) Remove, obscure or alter any proprietary notice, copyright notice, trade mark notice or other rights notice.

(vi) Use the Platform or our content to build, train, improve or support a competing product, service, app, database or marketplace.

(d) Nothing in this agreement transfers ownership of any Intellectual Property Rights in the Platform or our content to you.

(e) In this agreement, Intellectual Property Rights means all present and future rights in copyright, trade marks, designs, patents, circuit layouts, business names, domain names, confidential information, inventions, know-how, trade secrets, databases, moral rights and all other intellectual property or proprietary rights, whether registered or unregistered, anywhere in the world.

10 THIRD PARTY CONTENT

(a) The Platform may contain, display, save, link to or embed content provided by Users or third parties, including text, images, photographs, videos, links, URLs, social media content, Instagram content, vendor information, venue information, business information, location information, map data and other content.

(b) Third Party Content may be created, owned, controlled, updated or removed by someone other than us.

(c) We do not control and are not responsible for Third Party Content. To the maximum extent permitted by law, we do not represent, warrant or guarantee that any Third Party Content is accurate, complete, current, available, reliable, lawful, suitable, non-infringing or safe.

(d) You acknowledge that:

(i) Third Party Content may change, expire, be removed or become unavailable without notice.

(ii) Third Party Content may contain errors, omissions, outdated information, incorrect locations, incorrect links or inaccurate descriptions.

(iii) Third Party Content may be subject to separate third party terms, policies and permissions.

(iv) Your use of or reliance on Third Party Content is at your own risk.

(e) You are responsible for making your own enquiries before relying on, saving, sharing, contacting, booking, purchasing from or otherwise engaging with any vendor, venue, User, business or third party connected with Third Party Content.

11 THIRD PARTY SUPPLIERS

(a) The Platform may rely on or integrate with third party products, services, platforms, systems or tools, including app stores, payment providers, analytics providers, hosting providers, mapping providers, email marketing providers, social media platforms and other technology providers.

(b) Your use of the Platform may also be subject to third party terms, conditions, policies and requirements, including those of:

(i) Apple App Store.

(ii) Google Play Store.

(iii) Stripe.

(iv) Supabase.

(v) Google Analytics.

(vi) Google Maps.

(vii) Mailchimp.

(viii) Instagram and other social media platforms used to save, link or share content through the Platform.

(c) You must comply with any third party terms that apply to your use of the Platform or any third party service connected with the Platform.

(d) We do not control third party services and are not responsible for any act, omission, outage, error, delay, data loss, security issue, policy change, pricing change, service change, suspension or discontinuance of any third party service.

(e) A third party service may change, restrict, suspend, discontinue or remove functionality at any time. This may affect the availability, performance or functionality of the Platform.

(f) To the maximum extent permitted by law, we are not liable for any loss, damage, cost, claim, interruption, data loss, refund issue, payment issue or other problem arising from or connected with any third party service or third party terms.

(g) If you do not agree to any applicable third party terms, you may not be able to access or use some or all of the Platform.

12 DISPUTES BETWEEN USERS

(a) WedMuse is not a party to any agreement, booking, purchase, quote, communication, arrangement or dispute between Users, vendors, venues or third parties.

(b) You must resolve any dispute, complaint, cancellation, refund issue, service issue, booking issue or other problem with the relevant User, vendor, venue or third party directly.

(c) If you wish to notify us about a complaint involving another User, vendor or venue, you may contact us at admin@wedmuseapp.com.

(d) If we receive a complaint, we may, but are not required to:

(i) Review the complaint.

(ii) Ask you or the other User for further information.

(iii) Forward the complaint to the relevant User, vendor or venue.

(iv) Remove, restrict or suspend content, listings, profiles or Accounts.

(v) Take any other action we reasonably consider appropriate to protect Users, the Platform, our business or our legal rights.

(e) We do not guarantee that we will investigate, mediate, resolve or make a decision about any dispute between Users, vendors, venues or third parties.

(f) You are responsible for your own costs, losses and expenses arising from any dispute, complaint, cancellation, refund issue, booking issue, service issue or other problem involving another User, vendor, venue or third party.

(g) If you have a complaint or dispute with us, you must contact us first and give us a reasonable opportunity to resolve the matter with you before commencing formal proceedings, except where you need urgent interlocutory relief or where the law does not allow this requirement.

(h) Nothing in this clause prevents either party from cancelling an Account, ending use of the Platform or exercising any rights that cannot lawfully be excluded.

13 SECURITY

(a) You are responsible for ensuring that the device, network, browser, app store account and systems you use to access the Platform are secure and suitable for accessing the Platform.

(b) You must take reasonable steps to protect your Account and your use of the Platform, including by:

(i) Using a secure password.

(ii) Keeping your login details confidential.

(iii) Keeping your device, operating system and app version up to date.

(iv) Using appropriate security software and settings.

(v) Not accessing the Platform through an insecure, shared or compromised device or network.

(vi) Promptly notifying us if you become aware of any unauthorised access to your Account or any security issue involving the Platform.

(c) We take reasonable steps to protect the Platform, but we do not guarantee that the Platform will be secure, uninterrupted, free from viruses or harmful code, or immune from unauthorised access, cyber incidents, data loss or technical issues.

(d) To the maximum extent permitted by law, we are not responsible for any loss or damage to your device, systems, data, content, Account or app store account arising from your use of the Platform, except to the extent caused by our breach of this agreement, negligence or wilful misconduct.

(e) Nothing in this clause limits any rights you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

14 DISCLAIMER AND LIABILITY

14.1 ROLE OF WEDMUSE

(a) The Platform is an app-based platform that allows Users to discover, save, view and organise wedding-related inspiration, vendors, venues and content.

(b) We do not provide wedding planning services, vendor services, venue services, booking services, payment services between Users, recommendation services or professional advice.

(c) We are not a party to any agreement, booking, purchase, quote, communication, arrangement or dispute between Users, vendors, venues or third parties.

(d) You acknowledge that:

(i) Users, vendors, venues and third parties are responsible for their own content, listings, profiles, goods, services, pricing, availability, communications, representations and conduct.

(ii) Any booking, purchase, quote, communication, arrangement or agreement made outside the Platform is solely between the relevant Users, vendors, venues or third parties.

(iii) We do not endorse, recommend, guarantee or accept responsibility for any User, vendor, venue, third party, goods, services, price, availability, location, listing, profile, content or information.

(iv) You are responsible for making your own enquiries before relying on, contacting, booking, purchasing from or otherwise engaging with any User, vendor, venue or third party.

14.2 DISCLAIMER

(a) To the maximum extent permitted by law, all express or implied representations, warranties, guarantees and conditions relating to the Platform, our services, any User, vendor, venue, third party, content, listing, location information, map information, linked content, saved content, goods or services are excluded, except to the extent expressly stated in this agreement.

(b) We do not represent, warrant or guarantee that:

(i) The Platform will be uninterrupted, error-free, secure, current, complete or available at all times.

(ii) Any content, listing, profile, vendor information, venue information, location information, map information, link, saved item or Third Party Content will be accurate, complete, current, reliable, lawful, suitable or available.

(iii) Any vendor, venue, User or third party will provide goods or services with due care and skill, on time, at the advertised price, in the advertised location, or at all.

(iv) Any content you upload, save, share or link through the Platform will be stored, retained, recoverable or available at all times.

14.3 AUSTRALIAN CONSUMER LAW

(a) Nothing in this agreement limits, excludes or modifies any consumer guarantee, right, remedy or other protection under the Australian Consumer Law or any other law that cannot lawfully be limited, excluded or modified.

(b) If we are permitted by law to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to:

(i) The resupply of the relevant services.

(ii) The payment of the cost of having the relevant services supplied again.

14.4 LIMITATION OF LIABILITY

(a) To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with this agreement, the Platform or your use of the Platform is limited to the amount paid by you to us for access to the Platform in the 3 months immediately before the event giving rise to the claim.

(b) The limitation of liability does not apply to liability that cannot lawfully be limited or excluded.

14.5 EXCLUDED LOSSES

To the maximum extent permitted by law, we are not liable for any indirect, consequential, special, incidental, exemplary or punitive loss or damage, loss of profit, loss of revenue, loss of goodwill, loss of opportunity, loss of anticipated savings, loss of data, loss of content, loss of business, loss of reputation, wedding-related costs, replacement vendor costs, event cancellation costs, disappointment, distress or inconvenience arising out of or in connection with this agreement, the Platform or your use of the Platform.

14.6 USER RESPONSIBILITY

(a) You are responsible for all loss, damage, liability, claim, cost or expense we suffer or incur arising from or in connection with:

(i) Your breach of this agreement.

(ii) Your misuse of the Platform.

(iii) Your Posted Material.

(iv) Your infringement of any Intellectual Property Rights, privacy rights, moral rights, confidential information rights or other rights of any person.

(v) Your unlawful, misleading, deceptive, offensive, explicit, harmful or inappropriate conduct.

(vi) Any booking, purchase, quote, communication, arrangement, dispute or agreement between you and another User, vendor, venue or third party.

15 CONFIDENTIALITY

(a) You must not disclose, misuse, copy, publish, distribute or make available to any third party any confidential information belonging to us or another User, except where permitted by this agreement or required by law.

(b) Confidential information includes:

(i) Non-public information about the Platform, our business, systems, operations, technology, pricing, product roadmap, marketing strategy, documents, processes, suppliers, staff, contractors and users.

(ii) Non-public information about another User, vendor, venue or business that you access through the Platform.

(iii) Contact details, business details, profile information, listing information, location information, saved content, communications or other information that is not publicly available.

(iv) You may use confidential information only for the purpose of using the Platform in accordance with this agreement.

(i) Is already public other than because of your breach of this agreement.

(ii) You lawfully received from another source without a duty of confidence.

(iii) You are required to disclose by law, provided you only disclose the minimum amount required.

(d) Nothing in this clause prevents you from using information that a vendor, venue or other User has intentionally made public through their profile, listing or public business channels.

16 PRIVACY

(a) We collect, use, disclose and handle personal information in accordance with our Privacy Policy, which is available on the Platform or at the link provided in this agreement.

(b) By creating an Account or using the Platform, you acknowledge that you have read and understood our Privacy Policy.

17 APPLE APP STORE TERMS

If you access or download the Platform from the Apple App Store, you acknowledge and agree that:

(a) This agreement is between you and us, and not with Apple.

(b) Apple is not responsible for the Platform or any content available through the Platform.

(d) If the Platform fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Platform in accordance with Apple’s terms and policies.

(e) To the maximum extent permitted by law, Apple has no other warranty obligation in relation to the Platform.

(f) Apple is not responsible for addressing any claim by you or any third party relating to the Platform or your use of the Platform, including product liability claims, claims that the Platform does not comply with any legal or regulatory requirement, or claims arising under consumer protection, privacy or similar laws.

(g) If a third party claims that the Platform or your use of the Platform infringes that third party’s Intellectual Property Rights, Apple is not responsible for investigating, defending, settling or discharging that claim.

(h) You must comply with all applicable third party terms when using the Platform.

(i) You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a terrorist-supporting country.

(j) You represent and warrant that you are not listed on any United States Government list of prohibited or restricted parties.

(k) Apple and its subsidiaries are third party beneficiaries of this agreement and may enforce this agreement against you as a third party beneficiary.

18 TERMINATION

(a) You may stop using the Platform at any time.

(b) You may terminate your Account by using the functionality available in the Platform. If that functionality is not available, you may contact us at admin@wedmuseapp.com and we will process your request within a reasonable time.

(c) Terminating your Account does not automatically cancel any active subscription, free trial, renewal or payment arrangement managed by an app store or payment provider. You are responsible for cancelling any subscription or free trial through the relevant app store or payment provider account.

(d) We may suspend, restrict or terminate your Account, profile, listing, subscription access or use of the Platform where we reasonably consider it necessary, including where:

(i) You breach this agreement.

(ii) You misuse the Platform.

(iii) You provide inaccurate, false, incomplete or misleading information.

(iv) You upload, post, save, share or link unlawful, infringing, offensive, explicit, harmful or inappropriate content.

(v) You create legal, reputational, operational, technical or security risk for us, another User or the Platform.

(vi) You impersonate another person, business, vendor or venue.

(vii) You have previously been suspended or removed from the Platform.

(viii) We are required to do so by law, an app store, a payment provider or another third party service provider.

(e) If your Account is terminated:

(i) Your access to the Platform may be revoked.

(ii) Your profile, listings, saved content, Posted Material and other Account content may be removed, deleted, disabled or no longer available.

(iii) You may lose access to vendor, venue, User, saved, linked or location information available through your Account.

(iv) You remain responsible for any obligations that arose before termination.

(f) Termination of your Account does not affect any agreement, booking, purchase, quote, communication, arrangement or dispute between you and any vendor, venue, User or third party outside the Platform.

(g) Any clause of this agreement that by its nature should continue after termination will continue to apply, including clauses relating to intellectual property, Posted Material, confidentiality, privacy, disclaimers, liability, indemnities, disputes and general provisions.

(h) Nothing in this clause limits any rights you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

19 TAX

(a) You are responsible for any taxes, duties, levies, charges or other amounts payable in connection with your use of the Platform, your subscription, your business, your listings, and any goods or services you provide or receive from another User, vendor, venue or third party.

(b) We are not responsible for collecting, reporting or paying any tax that applies to any booking, purchase, quote, communication, arrangement or agreement between Users, vendors, venues or third parties outside the Platform.

(c) Vendors and venues are responsible for complying with their own tax, GST, invoicing, record keeping and business reporting obligations.

(d) Nothing in this clause makes us a party to any transaction, booking, purchase, quote, arrangement or agreement between Users, vendors, venues or third parties.

20 RECORDS

(a) To the extent permitted by law, we may create, keep, access and use records relating to your Account and use of the Platform for administration, security, operational, legal, compliance and dispute-management purposes.

(b) These records may include:

(i) Account information.

(ii) Profile information.

(iii) Vendor and venue listing information.

(iv) Posted Material.

(v) Saved content, links and location information.

(vi) App activity and usage records.

(vii) Subscription and payment records received from app stores or payment providers.

(viii) Complaints, reports and correspondence with us.

(ix) Technical information, analytics information, device information, IP address information and security logs.

(i) Operate, maintain, improve and protect the Platform.

(ii) Manage Accounts, subscriptions, listings and verification.

(iii) Investigate complaints, suspected misuse, security issues or breaches of this agreement.

(iv) Respond to disputes, legal claims, regulator enquiries, law enforcement requests or court orders.

(v) Comply with applicable laws.

(d) We are not required to keep records for your benefit or to provide you with copies of records, except where required by law or expressly stated in this agreement.

21 NOTICES

(a) A notice or other communication under this agreement must be in writing and in English.

(b) We may give you notices or communications by:

(i) Sending them to the email address connected with your Account.

(ii) Making them available through the Platform.

(iii) Using any other contact method you have provided to us.

(c) You may give us notices or communications by emailing us at admin@wedmuseapp.com or by using any contact method we make available through the Platform.

(d) You are responsible for keeping your Account email address and contact details accurate and up to date.

(e) Unless the sender knows or reasonably suspects that a notice was not delivered, a notice sent by email will be taken to be received 24 hours after it is sent, unless that time falls on a Saturday, Sunday or public holiday in New South Wales, in which case it will be taken to be received on the next business day in New South Wales.

(f) A notice made available through the Platform will be taken to be received when it is made available, unless the law requires otherwise.

22 GENERAL

22.1 GOVERNING LAW AND JURISDICTION

(a) This agreement is governed by the laws of New South Wales, Australia.

(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts entitled to hear appeals from those courts in connection with any dispute arising out of or in connection with this agreement.

22.2 WAIVER

(a) A party does not waive a right, power or remedy under this agreement unless the waiver is in writing and signed by the party granting the waiver.

(b) A failure or delay by a party to exercise a right, power or remedy does not operate as a waiver of that right, power or remedy.

22.3 SEVERANCE

If any part of this agreement is void, invalid, unlawful or unenforceable, that part is severed to the extent required and the remaining parts of this agreement continue in force.

22.4 ASSIGNMENT

(a) You must not assign, transfer or otherwise deal with your rights or obligations under this agreement without our prior written consent.

(b) We may assign, transfer or otherwise deal with our rights or obligations under this agreement as part of a sale, merger, restructure, transfer of assets, change of control or other business transaction, provided that this does not materially reduce your rights under this agreement.

22.5 COSTS

Except as otherwise stated in this agreement, each party must pay its own costs and expenses in connection with this agreement and its performance.

22.6 ENTIRE AGREEMENT

This agreement contains the entire agreement between the parties about its subject matter and supersedes all prior discussions, negotiations, understandings and agreements about that subject matter.

22.7 RELATIONSHIP

Nothing in this agreement creates a partnership, joint venture, employment relationship, agency relationship or other fiduciary relationship between the parties.

22.8 INTERPRETATION

In this agreement, unless the context requires otherwise:

(a) A reference to the singular includes the plural and the plural includes the singular.

(b) A reference to a person includes an individual, company, partnership, trust, association, government body or other legal entity.

(d) A reference to a document includes that document as amended, replaced or updated from time to time.

(e) A reference to legislation includes that legislation as amended, re-enacted or replaced from time to time.

(f) The words including, for example and similar expressions do not limit what else may be included.

(g) Headings are for convenience only and do not affect interpretation.

Part B Service Providers

1 SERVICE PROVIDER ELIGIBILITY AND QUALIFICATIONS

(a) This Part applies to Users who create, manage or appear in a vendor, venue or other business profile or listing on the Platform.

(b) You represent and warrant that:

(i) You are authorised to create, manage or appear in the relevant profile or listing.

(ii) You hold all licences, permits, registrations, approvals, insurance and qualifications required to provide the goods or services described in your profile or listing.

(iii) Your business information, ABN, contact details, location details, profile information and listing information are accurate, complete, current and not misleading.

(iv) You will promptly update your profile and listing if any information changes.

(v) You will provide evidence of your identity, authority, business registration, qualifications, insurance, licences or other information reasonably requested by us for verification purposes.

(vi) You will comply with all laws, regulations, industry standards, codes, venue requirements, safety requirements and tax obligations that apply to your business and the goods or services you provide.

(c) If your goods or services involve working with children or vulnerable people, you are responsible for obtaining and maintaining all checks, clearances, consents, approvals and safeguards required by law.

(d) Verification of a vendor, venue, profile or listing does not mean that we endorse, recommend, guarantee or accept responsibility for you, your business, your goods, your services or your conduct.

(e) We may refuse, remove, suspend or restrict your profile, listing or Account if we reasonably consider that you do not meet the requirements of this clause or that your profile, listing, business, goods, services or conduct may create legal, reputational, safety, operational or security risk for us, Users or the Platform.

2 VENDOR AND VENUE LISTINGS

(a) This clause applies to any vendor, venue or other business profile, listing, description, image, location, link, availability information, pricing information, service information or other content you submit or make available through the Platform.

(b) You must ensure that your profile and listing:

(i) Is accurate, complete, current and not misleading.

(ii) Clearly describes the goods, services, venue, business or offering you make available outside the Platform.

(iii) Does not include false, exaggerated, deceptive or misleading claims.

(iv) Does not imply that we endorse, recommend, guarantee or approve you, your business, your goods, your services or your venue, except where the Platform displays a verification status in accordance with this agreement.

(v) Includes only content you have the right to upload, publish, link or share.

(vi) Complies with all applicable laws, industry standards and advertising requirements.

(c) You are responsible for keeping your profile and listing up to date, including details about your business, goods, services, venue, pricing, availability, location, website, social media pages and contact information.

(d) We may accept, reject, edit, remove, hide, suspend or restrict any profile or listing where we reasonably consider it necessary, including where the profile or listing is inaccurate, incomplete, misleading, inappropriate, unlawful, infringing, outdated or creates risk for us, Users or the Platform.

(e) You acknowledge that WedMuse does not facilitate bookings, payments, quotes or direct messaging between Users and vendors or venues through the Platform.

(f) Any booking, purchase, quote, communication, arrangement, agreement, cancellation, refund or dispute relating to your goods, services or venue is solely between you and the relevant User or third party outside the Platform.

(g) You are responsible for providing your goods, services or venue in accordance with any terms you agree with the relevant User or third party and all applicable laws.

(h) We are not responsible for the accuracy, reliability, timeliness or completeness of any response, enquiry, communication or action by a User or third party outside the Platform.

3 PROVISION OF SERVICES

(a) You are solely responsible for all goods, services, venues, packages, quotes, bookings, communications, arrangements and agreements you provide or enter into with Users or third parties outside the Platform.

(b) You must ensure that any goods or services you provide, and any venue you make available, are provided:

(i) In accordance with all applicable laws, regulations, tax obligations, permits, licences, safety requirements and industry standards.

(ii) With due care and skill.

(iii) In a professional, punctual, safe and diligent manner.

(iv) In accordance with any terms, descriptions, representations, quotes, booking terms, cancellation terms or refund terms you agree with the relevant User or third party.

(v) In a way that is not misleading, deceptive, unfair, unlawful or unsafe.

(c) You are responsible for handling all communications, bookings, payments, cancellations, refunds, rescheduling requests, complaints and disputes relating to your goods, services or venue outside the Platform.

(d) WedMuse is not responsible for supervising, managing, arranging, providing, cancelling, rescheduling, refunding or resolving any goods, services, venues, bookings, communications, arrangements or agreements between you and any User or third party.

4 FEES

(a) You must pay any subscription fees, app store fees or other fees that apply to your access to and use of the Platform.

(b) Unless we notify you otherwise, subscriptions and paid access to the Platform are purchased and managed through the Apple App Store, Google Play Store or another app store or payment provider we make available.

(c) WedMuse does not currently charge commission, lead fees, booking fees or transaction fees on bookings, purchases, quotes, communications, arrangements or agreements between Users, vendors, venues or third parties outside the Platform.

(d) You are responsible for managing your own subscription, free trial, renewal, cancellation and payment settings through the relevant app store or payment provider account.

(e) Any vendor, venue or third party fees, charges, deposits, cancellation fees, refund amounts or other payment terms agreed outside the Platform are solely between the relevant Users, vendors, venues or third parties.

(f) We are not responsible for collecting, holding, transferring, refunding or disputing any amount payable between Users, vendors, venues or third parties outside the Platform.

(g) Nothing in this clause limits any rights you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

5 REFUNDS & CANCELLATIONS

(a) WedMuse does not facilitate, process or manage bookings, purchases, quotes, payments, cancellations, rescheduling requests or refunds between Users, vendors, venues or third parties outside the Platform.

(b) You are responsible for setting, communicating and complying with your own cancellation, rescheduling, deposit, payment and refund terms for any goods, services or venue arrangements you provide outside the Platform.

(d) You are responsible for handling any cancellation, rescheduling request, refund request, complaint, dispute, pricing error or payment issue relating to your goods, services or venue.

(e) We are not responsible for issuing, processing, arranging or requiring any refund, credit, replacement service, cancellation payment, deposit return or other remedy in connection with any booking, purchase, quote, communication, arrangement or agreement between you and any User or third party outside the Platform.

(f) Your subscription, free trial, cancellation and refund rights for access to the Platform are managed through the relevant app store or payment provider, unless we notify you otherwise.

(g) Nothing in this clause limits any rights a User may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

6 SERVICE PROVIDER WARRANTIES

By creating, managing or appearing in a vendor, venue or other business profile or listing on the Platform, you represent and warrant that:

(a) You are able to provide the goods, services, venue access or other offering described in your profile or listing.

(b) You will provide your goods, services, venue access or other offering with due care and skill and in a professional, safe, punctual and diligent manner.

(c) You will comply with all applicable laws, regulations, permits, licences, insurance obligations, industry standards, tax obligations and consumer law obligations.

(d) Any personnel, contractors, suppliers or representatives involved in providing your goods, services, venue access or other offering are suitably qualified, trained, supervised and authorised.

(e) Your profile, listing, content, pricing information, availability information, location information, business information and service descriptions are accurate, complete, current and not misleading.

(f) You will not make any false, misleading or deceptive representation to any User.

(g) You will promptly tell us if any information in your profile or listing becomes inaccurate, incomplete, outdated or misleading.

(h) You will promptly tell us if you become subject to any complaint, investigation, proceeding, licence issue, insurance issue, safety issue or other matter that may affect your ability to provide the goods, services, venue access or other offering described in your profile or listing.

(i) You are responsible for all acts and omissions of your personnel, contractors, suppliers and representatives in connection with your goods, services, venue access, business, profile, listing and dealings with Users.

Part C Customers

1 CUSTOMER USE OF VENDOR AND VENUE LISTINGS

(a) This Part applies to Users who use the Platform to search for, view, save, compare or otherwise engage with vendor, venue or other business profiles, listings, content or information.

(b) You acknowledge and agree that:

(i) The Platform allows you to discover, view, save and organise wedding-related vendors, venues, inspiration and content.

(ii) WedMuse does not facilitate bookings, payments, quotes, service requests, direct messages or contracts between you and vendors, venues or third parties through the Platform.

(iii) Any booking, purchase, quote, communication, arrangement, agreement, cancellation, refund or dispute relating to a vendor, venue or third party is solely between you and that vendor, venue or third party outside the Platform.

(iv) Vendor and venue listings may be created, updated and controlled by the relevant vendor, venue or third party.

(v) We do not guarantee that any vendor, venue, listing, profile, price, availability, location, description, image, link, service information or other content is accurate, complete, current, suitable, lawful or available.

(vi) You are responsible for making your own enquiries before contacting, booking, purchasing from, relying on or otherwise engaging with any vendor, venue or third party.

(vii) You must not submit false, misleading, offensive, unlawful, inappropriate or malicious information to any vendor, venue, User or third party in connection with your use of the Platform.

2 PAYMENT

(a) You are responsible for any payments, deposits, cancellation fees, refund amounts or other charges you agree with a vendor, venue or third party outside the Platform.

(b) WedMuse does not facilitate, process, collect, hold, transfer, refund or dispute payments between Users, vendors, venues or third parties outside the Platform.

(c) Any payment terms, card surcharges, deposits, pricing errors, refund rights, cancellation fees or other payment issues relating to goods, services or venues are solely between you and the relevant vendor, venue or third party.

(d) You must make your own enquiries about the price, inclusions, exclusions, payment terms, cancellation terms and refund terms before booking, purchasing from or otherwise engaging with any vendor, venue or third party.

(e) Your subscription, free trial, cancellation and refund rights for access to the Platform are managed through the relevant app store or payment provider, unless we notify you otherwise.

(f) Nothing in this clause limits any rights you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

3 CANCELLATIONS

(b) If a vendor, venue or third party cancels, delays, reschedules, changes or fails to provide goods, services or venue access, that issue is solely between you and the relevant vendor, venue or third party.

(c) If you wish to cancel, reschedule or change any booking, purchase, quote, arrangement or agreement with a vendor, venue or third party, you must contact that vendor, venue or third party directly.

(d) Any refund, credit, replacement service, cancellation fee, deposit return or other remedy will depend on the terms you agreed with the relevant vendor, venue or third party and any rights you may have under applicable law.

(e) We are not responsible for providing compensation, refunds, credits, replacement services or other remedies in relation to any cancellation, delay, rescheduling, change or failure by a vendor, venue or third party.

(f) Your subscription, free trial, cancellation and refund rights for access to the Platform are managed through the relevant app store or payment provider, unless we notify you otherwise.

(g) Nothing in this clause limits any rights you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

4 LINKED BUSINESSES

(a) The Platform may display, link to or provide information about vendors, venues and other businesses that are owned and operated by third parties.

(b) You acknowledge and agree that:

(i) Vendors, venues and other businesses are not owned, operated, controlled or employed by us.

(ii) We do not endorse, recommend, guarantee or accept responsibility for any vendor, venue, business, goods, services, price, availability, location, listing, profile, content, communication or conduct.

(iii) Any verification status displayed on the Platform is limited to the verification checks we choose to carry out and does not guarantee that a vendor, venue or business is suitable, reliable, qualified, insured, licensed, solvent, available or safe.

(iv) You are responsible for making your own enquiries before contacting, booking, purchasing from, relying on or otherwise engaging with any vendor, venue or third party.

(v) Any booking, purchase, quote, communication, arrangement, agreement, cancellation, refund or dispute with a vendor, venue or third party is solely between you and that vendor, venue or third party outside the Platform.

(c) We are not responsible for the acts, omissions, goods, services, venues, advice, statements, representations, pricing, availability, cancellations, refunds, safety, suitability, solvency or conduct of any vendor, venue or third party.