1. About www.wedbooker.com
1.1. Welcome to www.wedbooker.com (the ‘Platform’). The Platform is a marketplace for wedding suppliers and venues who have registered (via the Sign-Up page) on the Platform (‘Suppliers/Venues’) to quote on Jobs posted by wedding couples who have registered (via the Sign-Up page) on the Platform (‘Couples’) and for Couples to book and pay for the Quotes they select (the ‘Services’) via the Platfrom.
1.2. The Platform is operated by wedBooker Australia Pty Ltd (ACN 628 854 446) (“wedBooker”). Access to and use of the Platform, or any of its associated Services, is provided by wedBooker. Please read these terms and conditions (the ‘Terms and Conditions‘) carefully. By using, browsing and/or reading the Platform, this signifies that you have read, understood and agree to be bound by the Terms and Conditions. If you do not agree with the Terms and Conditions, you must cease usage of the Platform, or any of Services, immediately.
1.3. wedBooker reserves the right to review and change any of the Terms and Conditions by updating this page at its sole discretion. When wedBooker updates the Terms and Conditions, it will use reasonable endeavours to provide you with notice of updates to the Terms and Conditions. Any changes to the Terms and Conditions take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms and Conditions for your records.
2. Acceptance of the Terms
You accept the Terms and Conditions by remaining on the Platform. You may also accept the Terms and Conditions by clicking Sign-Up or Login to accept or agree to the Terms and Conditions where this option is made available to you by wedBooker in the user interface.
3. Scope of wedBooker Services
3.1. wedBooker provides the Platform only to enable Couples to post Jobs that they need for their wedding or wedding events. Jobs are viewable by all Suppliers/Venues of the Platform.
3.2. Suppliers/Venues may Quote in response to a Job. These Quotes are only viewable by the Couple who posted the Job.
3.3. The Couple may revoke or modify a Job at any time before the Couple accepts a Quote by using the Edit Job function. The Supplier/Venue also has the chance to modify the Quote at the Couples’ request or revoke their Quote at any time prior to the Couple accepting the Quote.
3.4. Upon submitting a Quote, the Supplier/Venue is confirming their availability for the Booking. If the Supplier/Venue is no longer available to fulfil the Quote, they must retract their Quote before the Couple has accepted..
3.5. wedBooker reserves the right to cancel or remove any Job made prior to the modification permitted in clause 3.3.
3.6. When the Couple accepts the Quote, they are accepting the conditions, price and details outlined by the Supplier/Venue in the Quote. If they would like changes to the Quote, they should request these from the Supplier/Venue using the In-Built Messaging System before accepting the Quote.
3.7. Upon creation of the Contract, wedBooker has rendered its Services and the wedBooker Fees are also due and payable. For the avoidance of doubt, this occurs at the time in which the Invoice is paid and the wedBooker Fees are deducted from the Supplier/Venue.
3.8. Once the Booking is confirmed and Contract is created, the Couple and Supplier/Venue can contact each other by any means, including via the wedBooker Private Messaging System. However, if the Couple and Supplier/Venue wish to vary the Invoice, the Invoice must be varied on the Platform and any Payments in respect of the Invoice must be made via the Payment Facility on the Platform.
3.9. The Supplier/Venue must perform the Job required under the Contract, unless otherwise agreed between the Couple and Supplier/Venue. If the Supplier/Venue does not perform the Job, a full refund will be required to the Couple in accordance with the Refund Policy at clause 13. The wedBooker Fees will also need to be returned to wedBooker. wedBooker reserves the right to remove the Supplier/Venue from the Platform if the Booking is cancelled by the Supplier/Venue without adequate notice.
3.10. After the Contract is completed, the Couple is encouraged to provide a rating and review of the Supplier/Venue’s fulfillment of the Job. In addition, wedBooker encourages Couples and Suppliers/Venues to provide feedback to wedBooker on the wedBooker Services provided. Such feedback can be provided on the Contact Us page on the Platform.
3.11. wedBooker will in some circumstances enable Couples to request a Quote for their Job from a particular Supplier/Venue. When this occurs, the Supplier/Venue will be automatically notified of the new Job and that the Couple would like the Supplier/Venue to provide a Quote if they are available to provide the Wedding Services required under the Job.
4. Your acknowledgments regarding the wedBooker Services
4.1 Couples and Suppliers/Venues acknowledge and agree that wedBooker is an online marketplace that facilitates the introduction and booking of Suppliers/Venues for Couple’s wedding events.
4.2 Couples and Suppliers/Venues further acknowledge that wedBooker is not a party to and will not have any liability with respect to the Jobs and Bookings or service arrangements as between Couples and Suppliers/Venues.
4.3 Any terms agreed between the Couple and Supplier/Venue in relation to a job will be binding on the Couple and the Supplier/Venue and, to the extent that those terms conflict with these Terms and Conditions, those terms will take priority as between the Couple and the Supplier/Venue (but shall not bind wedBooker in any way). Any terms which attempt to alter or modify these Terms and Conditions as they apply to wedBooker must be agreed by wedBooker in writing.
5. Registration to use the Services
5.1. In order to access the Services on the Platform, you must first register for an account through the Platform (the ‘Account‘).
5.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) preferred username
(c) a password.
5.3. In addition to the requirements under clause 5.2, Suppliers/Venues may also be required to provide business information, including:
(a) Business trading name
(b) Australian Business Number (ABN)
(c) Business address
(c) Nominated Bank Account.
5.4. You warrant that any information you provide to wedBooker in the course of completing the registration process or at any time on the Platform will always be accurate, correct and up to date.
5.5. You will be able to update any of your information by logging into your Account.
5.6. Subject to clause 5.7, once you have completed the registration process in clauses 5.2 and 5.3 (‘Registration Process’), you will be a registered member of the Platform (‘Member‘) and agree to be bound by the Terms and Conditions.
5.7. Suppliers/Venues will be pre-vetted during the registration process to uphold the Platform’s professional community. wedBooker reserves the right in its absolute discretion to not approve any Supplier/Venue Account and/or Profile or delete any Supplier/Venue Account and/or Profile.
5.8. You may not use the Services and may not accept the Terms and Conditions if:
(a) you are not of legal age (18 years) to form a binding contract with wedBooker; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
5.9. wedBooker may, at its absolute discretion, refuse to allow any person or entity to register or create an Account with wedBooker. In addition, wedBooker may in its absolute discretion suspend or delete any existing Account.
5.10. The registration and creation of an Account on the wedBooker Platform is free for all Members. In addition, there is no fee payable for a Job to be posted or for a Quote to be submitted on the wedBooker Platform.
5.11. wedBooker accepts no liability for any aspect of the interaction between the Couple and Supplier/Venue, including in respect of the description, performance, negotiation, payment or delivery of the Wedding Services required under a Job.
5.12. wedBooker does not direct, has no control over, makes no representations, has no responsibility, and does not guarantee the truth or accuracy of any aspect of any information provided by Members on the Platform, including but not limited to, the ability of Suppliers/Venues to perform and deliver the Wedding Services required by the Job, the Supplier/Venues availability for the Job, or the honesty or assurance of any information provided by Members or Member’s ability to pay for the Services requested or provide a refund where services under the Contract are not delivered.
5.13 Without limiting clauses 5.11 and 5.12, to the extent permitted by law, wedBooker makes no warranties, express or implied regarding or relating to the Suppliers/Venues or the Jobs.
6. Your obligations as a Member
6.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms and Conditions; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you will only post information that is accurate, correct and up to date on the Platform;
(c) you will promptly and efficiently perform obligations to other Users under the Contract;
(d) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services and your Account;
(e) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify wedBooker of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(f) access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of wedBooker providing the Services;
(g) you will not use the Services or the Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of wedBooker;
(h) you will not use the Services or Platform for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;
(i) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Platform without notice and may result in termination of your Account and/or the Services. Appropriate legal action will be taken by wedBooker for any illegal or unauthorised use of the Platform;
(j) you acknowledge and agree that any automated use of the Platform or its Services is prohibited;
(k) you agree that any information posted or communicated on the Platform must not, in any way whatsoever, be potentially or actually harmful to wedBooker or any other person; and
(l) you grant wedBooker an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Platform for the purpose of publishing material on the Platform and as otherwise may be required to provide the Services, for the general promotion of the Service and/or Platform, and as permitted by these Terms and Conditions.
7.1 The confidentiality undertakings in this clause 7 apply to Couples and Suppliers/Venues in respect of Confidential Information obtained from them (the “Recipient”) from another party, which may be the Couple, Supplier/Venue, wedBooker or any third party (the “Discloser”).
7.2 A Recipient must not use, disclose, solicit, make available or misappropriate, directly or indirectly, any Confidential Information, trade secrets, or other propriertary information of the Discloser without the Discloser’s prior written consent, except as may be required by applicable law.
7.3 Where the Recipient is legally required to disclose the Confidential Information, the Recipient shall inform the Discloser of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.
7.4 The Recipient must notify the Discloser immediately upon becoming aware of a suspected or actual breach of the obligation under this clause.
8.1. Facilitation of the Contract between the Couple and the Supplier/Venue via the Platform is subject to the wedBooker Fees. Accordingly, upon creation of the Contract, the Supplier/Venue owe wedBooker the wedBooker Fees. wedBooker Fees will be automatically deducted from the Job Payment when processed through the Payment Facility, and in accordance with the payment schedule detailed on the Invoice.
8.2. wedBooker may from time to time change the wedBooker Fees and the terms applying to their payment. Any change relating to the wedBooker Fees is effective fourteen (14) days after wedBooker notifies You of that change by sending a message to your wedBooker account, or by notifying You the next time you login to the Platform.
8.3. All Fees and charges payable to wedBooker are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
9.1. Where the option is given to you via the Invoice, you may make the Job Payment which will include the Supplier/Venue Fees and the wedBooker Fee (together, the ‘Job Fee’) by way of:
(a) Credit Card Payment (‘Credit Card’),
(b) Direct Debit / Electronic Funds Transfer (‘EFT’),
payable through the Payment Facility.
9.2. All payments made in the course of your use of the Services are made using Assembly (‘Payment Facility’). In using the Platform, the Services or when making any payment in relation to your use of the Services or the Job, you warrant that you have read, understood and agree to be bound by the Assembly terms and conditions which are available at https://assemblypayments.com.
9.3. You acknowledge and agree that where a request for the payment of the Job Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Job Fee.
9.4. You agree and acknowledge that wedBooker can vary the wedBooker Fee and accordingly the Job Fee in accordance with clause 8.2.
10.1 If required by an applicable tax law, and/or if applicable to a Job, wedBooker (or Assembly, where applicable) shall withhold and remit the amount of any tax from payments owed to the Supplier/Venue.
10.2 The Supplier/Venue will be responsible for determining whether they are required by the applicable law to remit any taxes to the applicable authorities and if so to pay (or cause to be paid) when due all taxes for which the Supplier/Venue are liable in relation to the performance of the Job.
11.2. In no event shall Assembly be liable to any User or Member for any actions, claims, demands, losses, liabilities, damages, recoveries, settlements and/or costs (including attorney, accountant, and expert witness fees and costs), known or unknown, contingent or otherwise (collectively, “Losses”), of any kind whatsoever, arising out or relating to their respective use of, or inability to use, the Payment Processing Services, regardless of the legal theory under which such Losses are sought. IN THE EVENT THE FOREGOING IS NOT ENFORCEABLE FOR ANY REASON, THEN ASSEMBLY’S MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATING TO ANY CLAIM (OR SERIES OF RELATED CLAIMS), BY ANY PLATFORM BUYER, PLATFORM SELLER, OR SUBSCRIBER ARISING FROM OR RELATING TO THE PAYMENT PROCESSING SERVICES SHALL NOT EXCEED THE AGGREGATE PURCHASE PRICE PAID OR PAYABLE FOR THE GOODS, ASSETS OR SERVICES WHICH ARE THE SUBJECT OF THE TRANSACTION(S) GIVING RISE TO THE PAYMENT CLAIM.
12. Use of the wedBooker Private Messaging System
12.1. wedBooker provides the Private Messaging System to Members of the Platform only and purely for communication associated with the Job posted by the Couple.
12.2. Where a Member or User is found to be using the Private Messaging System to take Jobs or Job Payments from the Platform, or in any way discourage use of the Platform, wedBooker may in its absolute discretion remove the Member from the Platform or cancel the Member’s Account with immediate effect.
13. Refund Policy
13.1. wedBooker will only provide you with a refund of the wedBooker Services Fee in the event wedBooker is unable to continue to provide the Services or if the manager of wedBooker makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘wedBooker Fee Refund’).
13.2. If a Couple cancels the Contract:
(a) once the Deposit is paid, the Deposit will be forfeited by the Couple and the Supplier/Venue will not be required to refund the Deposit, unless the Supplier/Venue otherwise agrees to refund the Deposit to the Couple.
(b) once the Balance is paid, the Balance is refundable up until 30 days prior to the Event Date or Cancellation Date as detailed on the Invoice, unless a Supplier/Venue specifies on their Invoice that other cancellation/refund terms apply. Where a refund is acceptable, the Couple will need to request such refund via the Platform.
(a) a Supplier/Venue cancels the Contract once the Deposit and/or Balance is paid; and
(b) wedBooker is satisfied that the Deposit and/or Balance should be returned to the Couple,
then the Deposit and/or Balance (including the wedBooker Fees) must be repaid to the Couple’s Credit Card or nominated bank account (depending on their payment method) immediately using the Payment Facility:
(a) the Couple and the Supplier/Venue mutually agree to cancel the Contract; and
(b) wedBooker is satisfied that the Deposit and/or Balance should be returned to the Couple, then the Deposit and/or Balance (including the wedBooker Fees) will be repaid to the Couple’s Credit Card or nominated bank account (depending on their payment method) using the Payment Facility.
13.5 If a Supplier/Venue is not contactable three (3) or more times during a two (2) week period via the Platform by either wedBooker or a Couple who has made a Booking with the Supplier/Venue, wedBooker may, with the Couple’s approval, cancel the Booking, order and issue a refund of any amounts paid to the Supplier/Venue in respect of the Booking to the Couple, including in wedBooker’s absolute discretion the wedBooker Fees.
13.6 If a Supplier/Venue who is the subject of a Booking is not contactable by the Couple or wedBooker within seven (7) days of the wedding event, wedbooker may, with the Couple’s approval, cancel the Booking, order and issue a refund of any amounts paid to the Supplier/Venue in respect of the Booking to the Couple, including in wedBooker’s absolute discretion the wedBooker Fees.
13.7. Where wedBooker has to refund the Deposit and/or Balance on behalf of a Supplier/Venue under clause this clause 13, such amount (including the wedBooker Fees) will be a debt owed by the Supplier/Venue to wedBooker.
14.1 In utilising the Reviews function on the Platform, You acknowledge and agree that the following content is never permitted:
(a) reviews that do not represent the author’s personal experience or that of their wedding event guests;
(b) reviews incentivised by a promise for payment, additional services or a discounted rate; or
(c) reviews motivated by a threat of extortion.
14.2 You agree that you will not provide any false or misleading information which may mislead or deceive Users, or any other party.
14.3 Where content is posted that is in breach of clauses 14.2 or 14.2, wedBooker reserves the right to delete any reviews and also terminate the Account of the User who wrote the review.
15. Copyright and Intellectual Property
15.1. The Platform, the Services and all of the related products of wedBooker are subject to copyright. The material on the Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by wedBooker or its contributors.
15.2. All trademarks, service marks and trade names are owned, registered and/or licensed by wedBooker, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Platform pursuant to the Terms and Conditions;
(b) copy and store the Platform and the material contained in the Platform in your device’s cache memory; and
(c) print pages from the Platform for your own personal and non-commercial use.
wedBooker does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by wedBooker.
15.3. wedBooker retains all rights, title and interest in and to the Platform and all related Services. Nothing you do on or in relation to the Platform will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
15.4. You may not, without the prior written permission of wedBooker and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services for any purpose, unless otherwise provided by these Terms and Conditions. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain.
17. General Disclaimer
17.1. Nothing in the Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
17.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms and Conditions are excluded; and
(b) wedBooker will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms and Conditions (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
17.3. Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of wedBooker make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of wedBooker) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) failure in performance of a Supplier/Venue to deliver the Wedding Services or the accuracy, suitability or currency of any information provided by the Supplier/Venue via the Platform;
(b) the accuracy, suitability or currency of any information on the Platform, the Services, or any of its Services related products (including third party material and advertisements on the Platform);
(c) costs incurred as a result of you using the Platform, the Services or any of the products of wedBooker; and
(d) the Services or operation in respect to links which are provided for your convenience.
18. Limitation of liability
18.1 You are solely responsible for all decisions you make in connection with any services you choose to purchase as a Couple or provide as a Supplier/Venue. wedBooker does not provide advice in relation to suitability of a Supplier/Venue, Job or Couple, nor do we take into account any Couple or Supplier/Venue’s individual circumstances when we provide the wedBooker Services.
18.2 To the extent permitted by law, wedBooker will not be liable for:
(a) the Job, the scope of the Job or any changes to the Job;
(b) any deliverables, services or information provided by the Supplier/Venue;
(c) any Wedding Services not performed in accordance with these Terms and Conditions;
(d) the accuracy of information or documents or profile, provided by the Supplier/Venue to the Couple or provided by the Couple to the Supplier/Venue;
(e) any claims arising out of or in connection with these Terms and Conditions for breach of law, contract, negligence or any other liability whatsoever;
(f) any other terms of engagement the Supplier/Venue and Client might agree; or
(g) any breach or alleged breach of another party’s intellectual property rights arising in respect of the Wedding Services, the Services or these Terms and Conditions.
18.3. To the maximum extent permitted by law, You expressly understand and agree that wedBooker, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special or consequential losses or damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of income, profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss, arising on contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use the wedBooker Services. To the extent the foregoing limitation of liability is prohibited, or in the event that wedBooker is found to be liable despite the limitation above, wedBooker’s total aggregate liability will not exceed the resupply of the wedBooker Services to you, or if unavailable, $100.
18.4 For the avoidance of doubt, nothing in these Terms and Conditions limits in any way wedBooker’s liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, including under the Competition and Consumer Act 2010 (Cth), the statutory consumer guarantees under the ACL, or similar laws in the States and Territories of Australia.
19. Termination of Contract
19.1. The Terms and Conditions will continue to apply until terminated by either you or by wedBooker as set out below.
19.2. If you want to terminate the Terms and Conditions, you may do so by:
(a) providing wedBooker with one (1) days’ notice of your intention to terminate; and
(b) closing your Accounts for all of the Services which you use, where wedBooker has made this option available to you,
provided always that such termination for convenience will not affect the validity of any Contracts for Jobs that have been agreed and deposit paid (“Booking”) prior to termination and these Terms and Conditions will continue to apply with respect to such Bookings.
Your notice should be sent to wedBooker by clicking the Delete Profile button in your Account settings, or contacting wedBooker via the ‘Contact Us’ link on our homepage (together, the “Deletion Notice”). wedBooker will use all reasonable efforts to process your deletion within 24 hours of receipt of the Deletion Notice.
19.3. wedBooker may at any time, terminate the Terms and Conditions with you if:
(a) you have breached any provision of the Terms and Conditions or intend to breach any provision;
(b) wedBooker is required to do so by law;
(c) the provision of the Services to you by wedBooker is, in the opinion of wedBooker, no longer commercially viable.
19.4. Subject to local applicable laws, wedBooker reserves the right to discontinue or cancel your membership or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms and Conditions or any applicable law or if your conduct impacts wedBooker’s name or reputation or violates the rights of those of another party.
20.1. You agree to indemnify wedBooker, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Account and any materials, information provided on the Platform;
(b) any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
(c) any breach of the Terms and Conditions.
21. Dispute Resolution
If a dispute arises out of or relates to the Terms and Conditions, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms and Conditions claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms and Conditions (‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
21.5. Termination of Mediation:
If two (2) weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
21.6 For the avoidance of doubt, you acknowledge that wedBooker will not and is not obligated to provide any dispute resolution assistance in relation to disputes arising between Couples and Suppliers/Venues.
Clauses 4, 7, 9, 15, 18, 20, 21 and 22 survive termination of these Terms and Conditions.
23. Venue and Jurisdiction
The Services offered by wedBooker on the Platform are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
24. Governing Law
The Terms and Conditions are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms and Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.
25. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms and Conditions are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms and Conditions are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.
The terms used in this Contract have the meaning set out in the Glossary. A Contract is created in accordance with the wedBooker Terms and Conditions. The Couple and the Supplier/Venue enter into this Contract on the following terms:
1. COMMENCEMENT DATE AND TERM
1.1. This Contract is created when the Couple accepts the Supplier/Venue’s Invoice and makes payment of Job Fees via the Payment Facility required to be paid on the Invoice to provide the Wedding Services. For the avoidance of doubt, if there are two payments required, the first payment of the Deposit creates the Contract.
1.2. This Contract will continue until terminated in accordance with clause 7.
2. WEDDING SERVICES
2.1. The Supplier/Venue will perform the Wedding Services in a proper and workmanlike manner.
2.2. The Supplier/Venue must perform the Wedding Services at the time(s) and location(s) agreed.
3.1. Each party warrants that the information provided in the creation of this Contract is true and accurate.
3.2. The Supplier/Venue warrants that he/she has the right to work and provide Wedding Services and holds relevant licences in Australia.
3.3. The parties incorporate the Consumer Guarantees into this Contract, even if they are not already incorporated by law.
4. PAYMENT OR CANCELLATION
4.1. Upon the creation of this Contract, the Couple must pay the Job Payment or part thereof as stipulated on the Invoice via the Payment Facility.
4.2. Where there are multiple payments due pursuant to the Invoice, wedBooker will provide to the Couple an Invoice payment reminder with the nominated amount payable as and when such amounts become due and payable. Upon receipt of the Invoice, the Couple must pay the specified amount via the Payment Facility. Where the Couple has not paid an outstanding amount by the Due Date, the Supplier/Venue must remind the Couple to pay such outstanding amount by sending a “Payment Reminder”. Where such Outstanding Amount remains unpaid for seven (7) days following the issuance of the Payment Reminder, the Supplier/Venue has the right to cancel the Booking and retain the Deposit.
4.3. If the parties agree to cancel this Contract, or the Couple is unable to contact the Supplier/Venue to perform the Contract, the Job Payment will be dealt with in accordance with the Terms and Conditions.
5. LIMITATION OF LIABILITY
5.1. Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Wedding Services, and any claims by any third person, or this Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2. The liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Job Fee.
6.1. If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2. If the parties are unable to resolve the dispute in accordance with clause 6.1, the parties shall attempt to resolve the matter by mediation before litigation. Nothing in this paragraph limits the rights of any party to seek or obtain urgent interlocutory or interim relief.
7. TERMINATION OF CONTRACT
This Contract will terminate when:
(a) whatever is the later occurrence of:
(i) five (5) working days of the Wedding Services being completed; or
(ii) the complete Job Fees are paid Job;
(b) a party is terminated or suspended from the wedBooker Platform, at the election of wedBooker;
(c) otherwise agreed by the parties or the Third Party Dispute Service; or
(d) notified by wedBooker in accordance with the Terms and Conditions.
8. APPLICATION OF POLICIES
The parties incorporate the applicable Policies.
9. GOVERNING LAW
This Contract is governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of New South Wales.
“Account” means the registered account of a Member on the Platform, which allows the Member access to the Services.
“Assembly” means the payment facility/gateway services provided by Promise Pay Pty Ltd, trading as Assembly Payments Pty Ltd, with website available at www.assemblypayments.com.
“ACL” means the Australian Consumer Law.
“Balance” means the balance of the Job Payment due to the Supplier/Venue which incudes the wedBooker Fees.
“Checkout” means the ability for Members to make the Job Payment (including the payment of the Job Fees) once the Invoice is received.
“Confidential Information” includes any documents or information created, received or obtained (as applicable):
but excludes any information that a Recipient can show:
“Consequential Loss” means any loss, damage or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
i) opportunity or goodwill;
ii) profits, anticipated savings or business;
iii) data; or
iv) value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
“Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL.
“Contract” means the separate contract, which is formed between a Couple and a Supplier/Venue for the Wedding Services, the terms of which are included in Appendix A to the Agreement.
“Couple” means a Member that posts on the wedBooker Platform in search of particular Wedding Services.
“Deposit” means the deposit of the Job Payment due to the Supplier/Venue which incudes the wedBooker Fees.
“Fees” means all fees payable to wedBooker by Members including the wedBooker Fee.
“GST” has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Invoice” means the invoice finalising the Quote, provided by the Supplier/Venue to the Couple via the Platform.
“Job” means the Couple’s request for Wedding Services by posting a job on the Platform, and includes the date(s) on which the Wedding Services are to be provided, the location and description of the products/services required.
“Job Payment” means the payment made by the Couple at the agreed price as stipulated on the Invoice for the Wedding Services (including any variation) and including the wedBooker Fee, but does not include any costs incurred by the Supplier/Venue when completing Services which the Couple agrees to reimburse (if any). The Job Payment includes the Deposit and the Balance.
“Member” means the person who has signed up to use the wedBooker Platform, agreeing to these Terms and Conditions, whether as the Couple, Supplier/Venue, or otherwise.
“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
“Quote” means a quote provided by a Supplier/Venue in response to a Job to perform the Wedding Services.
“Payment Facility” means the Checkout powered by Assembly, where Job Payments are received from the Couple and sent to the Supplier/Venue’s provided bank account.
“Profile” means a Couple’s or Supplier/Venues public profile that they have set up on the Platform.
“Reviews” means a feature allowing a Couple to post a review of their experience utilizing the Supplier/Venue to provide the Wedding Services on the Platform. All Reviews are included on the applicable Supplier/Venues Profile.
“Site” means the website at http://www.wedBooker.com/.
“Supplier/Venue” means a Member who provides Wedding Services to Couples.
” Supplier/Venue Fee ” means the Job Payment less any wedBooker Fees.
“Take Down Notice” means any such request for wedBooker to remove content on the wedBooker Platform due to a claim of copyright infringement.
“Terms and Conditions” means the most updated version of the terms and conditions, available at wedbooker.com, between wedBooker and the Members. For the avoidance of doubt, the Terms and Conditions also include the Policies.
“wedBooker” “we” “us” “our” means wedBooker Australia Pty Ltd ACN 628 854 446.
“wedBooker Fee” means the fee payable by the Supplier/Venue as consideration for wedBooker providing the Services on the Platform, being 12.5 percent of the Job Payment plus GST.
“wedBooker Platform” means the wedBooker website at http://www.wedBooker.com/, wedBooker smartphone app (if any), and any other affiliated platform that may be introduced from time to time.
“wedBooker Private Messaging System” means the private messaging system available to Members of the Platform, solely for use for Couples and Suppliers/Venues to discuss the applicable Job.
“wedBooker Services” means the service of providing the wedBooker Platform.
“Wedding Services” means the wedding related services to be rendered as described in the Job, including any variations or amendments agreed before or subsequent to the creation of a Contract.
“User” means a Member, Couple, Supplier/Venue or any other person who utilizes the Platform or the Site for any means.
Rules of Interpretation:
In the wedBooker Terms and Conditions and all Policies, except where the context otherwise requires:
a) headings are for ease of reference only and do not affect interpretation;
b) the singular includes the plural and vice versa;
c) words that are gender neutral or gender specific include each gender;
d) another grammatical form of a defined word or expression has a corresponding meaning;
e) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
f) a reference to A$, $A, dollar or $ is to Australian currency;
g) a reference to time is to the time in New South Wales, Australia;
h) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
i) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
j) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
k) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
l) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
Last reviewed October 2018
Copyright wedBooker 2018