1. These are the terms upon which Plan My Gay Wedding Pty Ltd (ACN 606787955) (“PMGW, us, we our”) offers services on our website www.planmygaywedding.com.au (Site).
2. By visiting our Site you agree to be bound by these terms and conditions.
3. By applying to advertise with us or be included in our directory you agree to be bound by these terms and conditions.
4. We may vary these terms at any time with no prior notice so we encourage you to revisit this page as payment of renewal fees will indicate your ongoing acceptance of any updated terms and conditions.
5. Advertisers are not in any way partners, employees or agents of PMGW. Advertisers must not at any time represent that the relationship with PMGW is anything other than as described in this Agreement.
6. PMGW does not undertake verification checks on the Advertisers that list with our Site.
7. PMGW does not provide any warranties or guarantees about the products or services advertised on this Site.
8. If a Consumer engages the services, or purchases a product from an Advertiser on this Site, a contract is formed between the Consumer and the Advertiser, and PMGW is not a party to that contract.
9. Any Consumer rights arising from such an engagement exist between the Consumer and the Advertiser.
10. Consumers agree to comply with the conditions of use contained in this agreement when leaving any public comments on the Site.
11. PMGW does not provide a dispute resolution service between Consumers and Advertisers that connect through our Site.
12. PMGW does however, welcome feedback if a Consumer has an unsatisfactory service with an Advertiser on our Site so that we may assess whether there has been a breach of our terms. We do not guarantee to provide a remedy for the Consumer, and Consumer rights exist at law against the Advertiser.
13. All Advertisers and advertising content (including images) are subject to the approval of PMGW and we retain the discretionary right to refuse Advertisers or advertising content.
14. PMGW aims to provide a safe and comfortable place for couples consisting of Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) persons to plan their wedding with suppliers who support their relationship.
15. We select advertisers that provide services for the LGBTQ wedding market. All advertises must be relevant to our brand, our customers and visitors to the Site. We reserve the right to refuse any vendor listing or advertisement for any reason.
16. Fees vary according to the type of listing or advertisement, and the advertising period.
17. PMGW reserves the right to change fees at any time without prior notice to you. New fees will apply upon renewal of your listing or placing of a new advertisement.
18. Payment is required either in full, or by way of monthly instalments, through our third party provider. Payment is accepted by way of credit card. PMGW reserves the right to change our payment terms at any time.
19. PMGW offers advertising for periods of one month or for one year.
20. Listings will be made live as soon as practicable after the supplier uploads the content and makes payment.
21. PMGW offers only one listing per business, however advertisers may purchase additional listings.
22. At this stage, all listings and advertising is Australia-wide, however we reserve the right to change listing based on location.
23. Listings can be upgraded to a higher package at any time, which will be treated as a new listing or advertising period subject to these Terms & Conditions.
24. Advertisers warrant that all information provided to PMGW by the Advertiser is true and correct, is a service or product offered by them, does not containing false or misleading information and does not breach any laws.
25. Advertisers acknowledge and agree to notify PMGW of any incorrect information published on the Site as soon as the error is identified.
26. Suppliers are provided with access to your own content management system, providing you with the ability to make any changes you require.
27. The Advertiser authorises PMGW, its employees and agents to edit any listing or advertisement at any time if we identify any errors in the content, without prior notice to you.
28. Advertisers agree to use the Site in good faith, and for a proper purpose. Advertisers agree not to say or do anything that will or is likely to cause damage or harm to PMGW our reputation and goodwill.
29. All intellectual property and copyright ownership of pictures, logos and electronic files remain with the Advertisers subject to this licence.
30. All Advertisers and advertising content (including images) are subject to approval, and PMGW reserves the right to reject images and/or content for any reason.
31. The Advertiser grants the right to PMGW to crop and resize images for display on the Site. Advertisers provide all pictures, logos and electronic files (“the Works”) to PMGW for the sole purpose of promoting their business on the Site and PMGW will not use the Works for any other purpose.
32. By submitting the Works to PMGW for publishing on the Site, you are representing:
(i) that you are PMGW of the Works, or are making your posting or submission with the express consent of PMGW of the Works; and
(ii) that you are eighteen years of age or older.
33. By submitting any material to PMGW, you are granting PMGW and anyone authorised by us, a non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, and publicly display such material, in whole or in part, for the purpose of advertising your services on the Site. This licence includes the right to use any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. You also grant the discretionary right to identify you as the author of any postings by name, email address or screen name.
34. For the purpose of this licence “modification” includes providing PMGW with the discretionary right to crop and resize images.
35. Your advertising listing will be renewed automatically at the next billing cycle based upon your subscription preference. You can cancel your subscription at any time prior to the commencement of a new billing period.
36. As an Advertiser with PMGW you represent and warrant that:
(i) All information you submit is accurate and truthful and not false or misleading in any way.
(ii) That you can and will provide the services offered in accordance with any representation made by you and that you will offer your services in accordance with your obligations under the Australian Consumer Law.
(iii) You will keep your information accurate and up to date.
37. You agree to indemnify PMGW for any claim or loss arising directly or indirectly from your acts and omissions in relation to the provision of your services, and your advertising with PMGW. PMGW does not have to have suffered or loss or damage for this indemnity to take effect.
38. PMGW does not warrant that the Site will be uninterrupted or error-free or free from third party interference.
39. PMGW is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond our reasonable control.
40. PMGW reserves the right to alter, suspend or discontinue any part (or the whole of) the Site. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
41. PMGW reserves the right to make changes to the Site, its operation and application at any time without prior notice. PMGW may engage a third party to provide technical assistance with the Site. PMGW will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and take steps to repair technical issues that arise from within the Site within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.
42. If you wish to cancel your listing at any time you must notify us via your supplier login manager section. We do not provide reimbursements of advertising fees where a listing is cancelled prior to the advertising period cease date.
43. PMGW reserves the right to remove any listing and cancel your service in the following circumstances:
(i) where we receive a complaint about your business,
(ii) where you do not provide the services or goods advertised,
(iii) where you cannot be contacted,
(iv) if we consider the advertisement contrary to the values and reputation of PMGW or
(v) you otherwise breach these terms and conditions.
44. PMGW terminates or suspends your advertisement as a result of your breach of these Terms and Conditions you will be considered to have forfeited your right to advertise with PMGW and you will not be reimbursed for any fees paid.
45. This Site is provided to you through this license. PMGW retains all ownership and proprietary rights in the Sites and hereby grants you the non-exclusive, non-transferable, limited right to use the Site. This license commences upon your acceptance of these terms and conditions and continues until termination by PMGW or you. PMGW has the discretion to terminate your license immediately and without notice if you breach this license. All rights not specifically granted under this Agreement are reserved by PMGW and, as applicable, its licensors.
46. This limited license excludes the right to:
(a) frame or utilize framing techniques to enclose the Site or any portion of the Site;
(b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site);
(c) make any use of the Site or any and/or all Site Content other than for personal use;
(d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
(e) collect account information for the benefit of yourself or another party;
(f) use any meta tags or any other hidden text utilizing any and/or all Site Content;
(g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
(h) download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.
47. By posting, submitting or otherwise publishing any material to via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. By submitting or posting any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and publicly display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. You also grant the discretionary right to identify you as the author of any of your postings or submissions by name, email address or screen name.
48. You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your Sites by PMGW, which does not exist.
49. You agree to use the Site in accordance with these terms and conditions, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to PMGW.
50. You agree that you will not upload or provide content on the Site which is:
(a) defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
(b) infringes the intellectual or other proprietary interests of third parties;
(c) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
(d) violates any law; or
(e) encourages or incites any other person to engage in any of the above behaviour;
51. You also agree that you will not :
(i) Use technology or other means that is not authorised by PMGW to access the Site;
(ii) Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Site;
(iii) Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Sites or the Facebook Page;
(iv) Gain or attempt to gain unauthorised access to the Sites or Facebook Page including the networks or user accounts; or
(v) Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.
52. At times we may provide links and pointers to third party Sites. Once you leave our Site and move to a linked Site, you will be subject to the third parties terms and conditions and privacy obligations. PMGW does not have control or responsibility over the content or security of third party linked Sites. Opinions expressed or material on third party Sites are not necessarily shared or endorsed by PMGW. PMGW uses a linked third party payment provider and PMGW does not provide any guarantees or warranties in relation to the functionality or security of that third party provider.
53. This Agreement and the rights and obligations of the Parties contained within are governed by the Laws of Victoria and the Parties submit to the non-exclusive jurisdiction of the Victorian Courts.
54. Any provision of this Agreement which is prohibited or unenforceable will, be effective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability in such provision in any other jurisdiction.
55. *We use the commonly understood definitions of these terms in Australia.
Advertisers – means any entity that uses the Site for promotion of its services by way of inclusion in the directory or by purchasing advertising space.
Consumers – means any person using the Site that is not an advertiser.