Standard Terms and Conditions
This website "WeddingPhotography.com.au" is owned by Australian Flourish Pty Ltd, a company incorporated in Australia. ACN 007 107 646. The most recent version of these terms may always be found here at:
These terms and conditions contain the entire understanding between the "Clients", and “WeddingPhotography.com.au”, hereinafter referred to as "WP". Reference should also be made to email/sms communications between the parties as to any exclusions/inclusions and/or special arrangements.
By using WP in any way, you indicate your acceptance to be bound by this Agreement. If you are using WP services on behalf of a company or other legal entity, then you represent and warrant that you are an authorized representative of the entity with the authority to bind such entity to these terms. In addition, if you are using WP services as an approved re-seller then you further agree that this Agreement is binding upon all persons or entities using WP Services.
As used herein, the term “WP Services” shall mean any intellectual property, products or services that WP provides to you. WP may utilize selected third-party subcontractor partners of WP to provide any portion of WP Services. WP may, at any time, change or discontinue any non-material aspect or feature of WP Service. WP may also impose limits on certain features and services or restrict your access to parts or all of WP Services without notice or liability. You acknowledge that WP may automatically issue upgraded versions of the software and systems and accordingly may upgrade versions of the WP Services that you are using without prior notice.
Registration and Security
When using the WP Services, you may be required to create an account (currently not applicable) by registering and providing certain business and contact information. You are responsible for providing accurate registration information and for updating your account information as required. WP reserves the right to change or revoke your username or password, as it deems necessary. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.
You may only use WP Service for lawful purposes and in accordance with this Agreement and/or any standards or requirements established by WP. You may not restrict or inhibit any other person from using or enjoying WP Services. Except as expressly authorized by WP, you agree not to use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses WP Services in a manner that sends more request messages to WP in a given period of time than a human can reasonably produce in the same period by using a conventional web browser, or otherwise use WP Services to collect or harvest any personally identifiable information or any data regarding activities on or usage of the WP Site. WP reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of WP Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
As used herein, the term “Content” shall include any content or information that you provide to WP, whether orally, in writing, or electronically, including but not limited to, any content or information contained within text files, PDFs, JPEGs, PNGs, GIFs, HTML, design files, email or email lists, or any other documents or files submitted to WP. You represent and warrant that you have the right, title, and interest to any and all content that you provide to WP and that your content does not infringe any third party’s intellectual property rights. It is WP’s policy to respond to notices of alleged copyright infringement. WP shall have the right to remove any Content that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or in breach of your obligations.
WP is a distributor (and not a publisher) of any content provided by you or any other users of WP Services. Neither WP nor any third-party provider of information guarantees the accuracy, timely availability, completeness, or usefulness of any content (provided by you or others) made available to WP. Under no circumstance will WP be liable to you for any loss or damage caused by the reliance on any information obtained from the content (provided by you or others) or otherwise through the WP Services. WP Services may contain links to other Internet sites and third-party resources. WP is not responsible for either the availability of these outside resources or their Content.
WA Intellectual Property
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, names, marks, and all other elements of WP Service provided by WP (collectively the “Materials”) are protected by copyright, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content provided by you and other users of the WP, all Materials contained on WP are the property of WP or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names, including but not limited to WP, are proprietary to WP or its affiliates and/or third-party licensors. Except as expressly authorized by WP, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, decipher, de-compile, disassemble, reverse engineer, or otherwise make unauthorized use of the Materials.
From time to time, you might request custom services from WP. Custom services may include any other services requested outside of WP’s standard documented services or any Agreements. WP does not guarantee that it can or will agree to perform any requested custom services on your behalf.
Payment for WP Services (currently not applicable)
If WP requires payment to be made by you for any services, it shall me made electronically prior to the performance of any WP Service.
All amounts due to WP are inclusive of GST. Any payment not made when due shall accrue interest in the amount of 1.5% per month or the highest amount allowable by law, whichever is lower, such interest to accrue on a daily basis after as well as before any judgment relating to collection of the amount due. Late payment shall entitle WP to discontinue all or any component of WP Services.
Recomendations and links to member photographers and references to products and services offered by members, advertisers or sponsors are provided to you for convenience only and do not constitute an endorsement or approval by the members that operate linked web sites; the content on linked web sites; or such third party products and services.
You agree to indemnify and hold WP, its affiliated companies, contractors, employees, agents, directors, and shareholders and its third-party suppliers, licensors, and partners, harmless from and against any and all liability, claims, penalties, damages, injuries, costs, legal fees or other expenses of any nature whatsoever paid or incurred in connection with claims by any person (including claims of copyright) directly or indirectly arising from or relating to your use or misuse of the WP Services. WP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WP, and you agree to cooperate with WP’s defense of these claims. Upon notice of any impending claim, action or proceeding, WP will use reasonable efforts to notify you of any indemnification obligation.
Use of Content and User and Reader Information
You own the rights to the content you provide to WP. However by providing Content to WP, you grant WP a limited, non-exclusive license to use the Content in connection with WP Services. Except where necessary to provide WP Service, WP will not license, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works, disassemble, or otherwise make unauthorized use of the content.
Disclaimer of Warranty
WP SERVICES ARE PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF TRANSLATION, AVAILABILITY, TIMING, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WP NOR ITS AFFILIATES, LICENSORS, OR AGENTS WARRANT THAT WP SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE WP SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED IN CONNECTION WITH WP SERVICES.
Limitation of Liability
IN NO EVENT WILL WP OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WP SERVICES. YOU ACKNOWLEDGE THAT (I) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WP; AND WP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES INCLUDING WA LICENSORS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Nothing in the Agreement between you and WP will be deemed to place you and WP in the relationship of employer‑employee, principal‑agent, or partners or joint ventures.
WP has the right, but not the obligation, to monitor WP Services to (i) determine compliance with the Agreement and/or any standards or requirements established by WP; and (ii) satisfy any law, regulation or authorized government request.
The invalidity or unenforceability of a particular provision of the Terms will not affect the other provisions hereof, and the Terms will be construed in all respects as if such invalid or unenforceable provisions were omitted.
Applicable Law and Binding Effect
The Terms and Agreements executed in connection with your receipt of WP Services will be governed by and interpreted under the laws of Victoria, Australia, and will inure to the benefit of and be binding upon the parties hereto and their heirs, personal representatives, successors and assigns. If any action, suit or proceeding is instituted as a result of any matter or thing affecting this Agreement, the parties hereby designate Victoria, Australia as the proper jurisdiction and the venue in which same is to be instituted.
Legal Fees and Costs
In the event of litigation arising under the Agreement or WP Services, the prevailing party will recover from the non-prevailing party, in addition to available remedies at law, all reasonable court costs and reasonable legal fees incurred in any such action.
WP shall have the right at any time to change or modify any section of these Terms. Your continued use of WP Services after notice of the new Terms constitutes your acceptance of the new Terms.