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Desi Wed Australia Terms And Conditions

Terms and Conditions

a. Desi Wed Australia ABN: 43 667 491 961 (Desi Wed Australia, we, or us) owns and operates the websites and content located at desiwed.com.au (collectively, the Website);


b. These terms and conditions, as amended from time to time (Terms and Conditions), apply to the publication by Desi Wed Australia of any advertising material supplied for a directory listing (Directory Listing) submitted by any person or entity (Supplier, you, or your) for publication on the Website and for various tablet and smartphone applications for each Website;


c. By approving your advertisement on Desi Wed Australia and completing/providing appropriate payment authority, you agree to be bound by these Terms and Conditions;


d. You are entitled to a 7-day “cooling-off” period commencing on the date on which your Directory Listing is uploaded to the Website during which time you may change your mind about advertising on the Website. You must notify us in writing within this period if you no longer wish to advertise your goods or services on the Website;


e. These Terms and Conditions may change at any time after the Initial Term (7 days after sign on). We will make every effort to inform you when these Terms and Conditions are updated or changed. Please read these Terms and Conditions regularly.

Payment and Terms

Desi Wed is owed from the vendor for the services as follows (the “Commission”):

a. No commission shall be payable unless a successful booking of service occurs through an enquiry, chat or booking that originated on / through Desi Wed’s online platforms;

b. If the above criteria are met, Commission must be paid at a rate of 10% of the full booking amount to DesiWed;

c. Commission will need to be paid within seven (7) days from the confirmation of the booking is received by the vendor;

c. Except as otherwise provided in this agreement, all monetary amounts referred to in this agreement are in AUD;

d. Interest payable on any overdue amounts under this agreement is charged at a rate of 1.5% per month or at the maximum rate enforceable under applicable legislation in the relevant state, whichever is lower.

Termination by Desi Wed Australia

  1. Desi Wed Australia may terminate your Directory Listing and remove your Directory Listing from the Website at any time during the Initial Term and for any reason. Desi Wed Australia is not obliged to provide you with reasons for such termination;
  2. If Desi Wed Australia terminates your Directory Listing during the Initial Term and you have paid the commission upfront and are otherwise not in breach of these Terms and Conditions, Desi Wed Australia will refund you a pro-rata portion of the commission applicable to the unused part of the Initial Term;
  3. If Desi Wed Australia terminates your Directory Listing either during or after the Initial Term, and you pay the commission by direct debit, Desi Wed Australia will cancel your direct debit arrangements provided you are up to date with payment of all commissions. If there are any amounts owing to Desi Wed Australia at the date of termination, you authorise Desi Wed Australia to direct debit all overdue amounts from your nominated account;
  4. If Desi Wed Australia removes your Directory Listing from the Website during the Initial Term, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term.

Termination by the Supplier

  1. If you cancel your Directory Listing with Desi Wed Australia during the Initial Term and you have paid the Commission upfront, you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term. This also relates to future annual subscriptions.
  2. If you cancel your Directory Listing with Desi Wed Australia during the Initial Term, the commission payable by you for the unused part of the Initial Term will become immediately due and payable. This also relates to future annual subscriptions.
  3. After the expiry of the Initial Term, if you are on a “Perpetual” contract. You may withdraw your Directory Listing at any time by following our cancellation process, which includes speaking with a team member, verifying your identity, and completing a cancellation form. Thirty (30) days after the receipt of your completed form, your Desi Wed Australia Directory Listing will be removed from the Website and any payments due during this 30-day period will remain due for payment within seven (7) days.

Acceptance of Material

  1. Desi Wed Australia is under no obligation to accept a Directory Listing (or any part of a Directory Listing) for publication on the Website and is under no obligation to provide reasons for such refusal.
  2. Desi Wed Australia reserves the right at any time, at its sole discretion, to
    a) Reject or cancel all or part of a Directory Listing; or
    b) Remove all or part of a Directory Listing from the Website.

3. In addition, Desi Wed Australia shall have the absolute right, without providing any reason, to reject any URL link embodied within the Directory Listing. Images supplied to Desi Wed Australia for publication on the Website may be published on different pages within the Website, to be determined in Desi Wed Australia’s sole discretion. By submitting images to Desi Wed Australia, you agree that Desi Wed Australia may use your images anywhere within the Website.

4. You agree that Desi Wed Australia may source images for your Directory Listing directly from your website, if the images supplied by you are not suitable and you warrant that Desi Wed Australia is entitled to do so without infringing any intellectual property rights. Such material will be deemed to be submitted or supplied by you for the purpose of these Terms and Conditions.

5. If Desi Wed Australia receives complaints from visitors to the Website in relation to a Supplier or a Directory Listing, Desi Wed Australia may without notice to the Supplier remove the relevant Supplier’s Directory Listing (or the offending part) from the Website immediately and if this occurs during the Initial Term and you have paid your commission upfront, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term.

6. Desi Wed Australia reserves the right to amend, move or reposition your Directory Listing or change the Website at any time. Desi Wed Australia will use its reasonable endeavours to give you advance notice of any material changes that it makes to the Website.

7. You agree that you must pay all commissions even where:

  • Your Directory Listing (or part of it) is not published due to a breach of these Terms and Conditions by you;
  • Your Directory Listing (or any part of it) is not published due to your failure to provide sufficient artwork or instructions;
  • The format or placement of the Directory Listing has been varied by Desi Wed Australia; or
  • You believe your Directory Listing has not resulted in the number of enquiries you expected to receive as a result of the Directory Listing on the Website.

Intellectual Property

a. Desi Wed Australia owns all intellectual property rights in the Website and the Directory Listing, including information, graphics, design, and software, except where the Supplier has provided its own intellectual property (including but not limited to text, graphics, and pictures in whatever form) for display on the Website. b. You must obtain permission from the owner of any intellectual property in any third-party material incorporated into a Directory Listing prior to submission of the Directory Listing. c. You grant Desi Wed Australia a world-wide, royalty-free, irrevocable licence to publish, and to sub-licence the publication of, all material submitted to Desi Wed Australia as part of the Directory Listing in any form or medium, including print, online or otherwise. You warrant that you are authorised to grant the licence in this clause 6b.

Desi Wed Australia Information

You agree that information and bride or groom details provided to you by Desi Wed Australia must be kept confidential and must not be published or distributed to others.

Privacy and Personal Information

Suppliers must comply with their own privacy policies and with all applicable privacy laws in the collection and use of individuals’ personal information collected as a result of an enquiry made to a Supplier through the Website.

Warranties and Liability

a. You warrant that all material submitted by you for publication on the Website will not:

The payment of the cost of having the services supplied again.

Contravene any relevant laws, including, without limitation, the Competition and Consumer Act 2010 (Cth), any state-based Fair Trading Act, the Privacy Act 1988 (Cth), or any regulations made under those Acts (including relevant industry regulations, standards of practice or codes of conduct), any equivalent legislation in New Zealand or any common law in Australia and New Zealand;

Breach or infringe the intellectual property rights of any person;

Be obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;

Contain a photograph or representation of a living person unless that person has consented;

Comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature;

Be misleading or deceptive or likely to mislead or deceive;

If you are promoting a competition or trade promotion, breach the relevant provisions of the Competition and Consumer Act 2010 (Cth) or other Federal or State legislation relating to competitions or trade promotions, or any equivalent legislation in New Zealand, and you further warrant that you have obtained all relevant permits; or

Comprise anything which may adversely reflect on Desi Wed Australia or the Website. b. Subject to clause 9e, Desi Wed Australia will be under no liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of:

Goods or services supplied pursuant to these Terms and Conditions;

Any failure or omission on the part of Desi Wed Australia to comply with its obligations under these Terms and Conditions;

Any negligent act or omission of Desi Wed Australia;

The provision by the Supplier to Desi Wed Australia of incorrect contact details which results in Desi Wed Australia being unable to forward enquiries received from visitors to the Website to the relevant Supplier; or

Any web traffic pop-ups which appear on the Website. c. Desi Wed Australia expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of profits, loss of revenue, loss of income, loss of use, loss of business opportunity, loss of production, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with the interruption of the Supplier’s business, howsoever caused. d. Desi Wed Australia makes no representation or warranty in relation to the number of visitors to the Website except for those representations made expressly in writing by Desi Wed Australia to the Supplier in relation to actual prior Website visits. Desi Wed Australia makes no warranty or representation in relation to future visitor numbers to the Website and any projections provided by Desi Wed Australia are estimates only. Desi Wed Australia does not warrant or represent that:

The Website will be accessible at all times,

The Website is free from viruses; or

Any information (including hyperlinks) contained on the Website is accurate or suitable. e. To the extent that any warranties or guarantees implied by law are not capable of being excluded or modified, the total liability of Desi Wed Australia, its employees, servants, and agents for breach of such warranties or guarantees is limited to one or the other of the following at the option of Desi Wed Australia:

If the breach relates to goods:

  • The replacement of the goods supplied or the supply of equivalent goods; or
  • The payment of the cost of replacing the goods or of acquiring equivalent goods;

If the breach relates to services:

  • The supplying of the services again; or
  • The payment of the cost of having the services supplied again.

Indemnity

The Supplier releases, indemnifies, and will keep indemnified Desi Wed Australia, its employees, servants, and agents against all actions, claims, and demands (including the cost of defending or settling any actions, claims, and demands) which may be instituted against Desi Wed Australia arising out of: a. A breach of these Terms and Conditions by the Supplier; b. A breach of warranty contained in clause 9a; c. Any wilful, unlawful or negligent act or omission of the Supplier; d. The publication by Desi Wed Australia or any other person of any material supplied by the Supplier; and e. Breach by the Supplier of any laws or legal obligations, including the Competition and Consumer Act 2010, any state-based Fair Trading legislation, and any equivalent legislation in New Zealand.

Customer Reviews

a. Desi Wed Australia maintains a review system on the Website that allows consumers who use the Website to rate and/or review Suppliers’ online stores, products, goods and services, and customer service. b. The Supplier agrees that:

  • Desi Wed Australia will at all times maintain editorial control over the reviews posted on the Website in respect of Supplier;
  • The Supplier will not direct Desi Wed Australia to delete or amend any review about a Supplier or a Supplier’s goods or services;
  • The Supplier will not post its own reviews about the Supplier’s own goods or services on the Website; and
  • Desi Wed Australia is not responsible or liable to the Supplier or any third party for any loss or damage caused by such reviews.

General

a. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia, and the parties irrevocably submit to the courts of or in that State (including the Federal Courts) and the courts that hear appeals from those courts. b. If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect. c. The Supplier may not transfer or assign these Terms and Conditions without the prior written consent of Desi Wed Australia, which consent may be withheld at the absolute discretion of Desi Wed Australia and if granted, may be granted on such terms and conditions as Desi Wed Australia deems fit. d. Any notice required to be given under these Terms and Conditions must be in writing and given by post, facsimile, email or hand to Desi Wed Australia or the Supplier at the contact details notified by one party to the other. e. No waiver by Desi Wed Australia of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter, or thing whatsoever by Desi Wed Australia, its employees, or agents (which but for this clause ought or might amount to a waiver of Desi Wed Australia’s rights in respect of any such breach or default) does not operate as a waiver in any way of Desi Wed Australia’s rights and powers in respect of such breach or default. f. Neither party is liable for any delay or failure to perform its obligations (other than obligations to pay money) if such delay or failure is due to circumstances beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure or strike or lockout. g. These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties.

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