Terms and conditions

WEDDINGBUZZ.COM.AU – TERMS AND CONDITIONS

Escher Australia Pty Ltd trading as weddingbuzz.com.au (ABN 60 168 704 416) (referred to as Weddingbuzz,
we or us) provides an introductory service between any customers who require professional services for a
wedding (Customers) and any individual or business who can provide such professional services (Suppliers),
to offer the opportunity for Customers to source Suppliers and Suppliers to source Customers (collective, the
Services). The Services are available on our website which is accessible at weddingbuzz.com.au (Site).

These Terms & Conditions (Terms) form a binding legal agreement (Agreement) between Weddingbuzz, its
directors, officers, employees, successors and assignees, and each person, organisation or entity using our
Services (you, your or User). By using the Services, you agree to comply with and be legally bound by the
terms and conditions of these Terms and Conditions (Terms). If you use the Services on behalf of an entity,
you guarantee that you have the authority to bind the entity to this Agreement. Please read the Terms
carefully. Please contact us if you have any questions. You can contact us at [email protected]

SERVICE FEE SCHEDULE
The Service Fee for a Supplier is equal to ten per cent (10%) of the price the Customer agreed to pay for
the package. The Service Fee will be deducted from the initial deposit the Customer makes.

Avoiding Weddingbuzz fee policy
Policy overview
Sometimes it’s possible for a Supplier to do things to avoid paying fees, whether deliberately or by mistake.
It’s important to remember that if you don’t pay your fees, your membership may be ended.
We don’t allow our Customers and Suppliers to use Weddingbuzz to contact each other to make offers to buy or
pay for services, products and packages outside of Weddingbuzz. Also, Users can’t use information obtained
from Weddingbuzz to contact each other about alternate payments outside of Weddingbuzz.
If you receive an offer of payment outside Weddingbuzz, please report it to [email protected]
Make sure you follow these guidelines. If you don’t, you may be subject to a range of actions, including
limits on your buying and selling privileges and suspension of your account.

Allowed
– After the deposit has been received via Weddingbuzz the Customer and the Supplier can arrange payments
outside of Weddingbuzz
– Including links to Weddingbuzz Stores and items is OK, as long as they’re not URL redirects

Not Allowed
– Listing services, packages or products on Weddingbuzz and then completing the sale outside of the site
– Referring to or promoting the Suppliers individual website (including links to home page URLs that
promote websites outside of Weddingbuzz websites), sales outside of Weddingbuzz, or other businesses

1. Introductory Service Only
(a) The Site and Services provides an online introductory platform for Customers and Suppliers,
through which Customers will be able to contact Suppliers and request their services.
(b) Suppliers will be able to create a virtual online store (Shop) and post listings for products or
services that they provide (Listings). Customers can view these Listings and can either:
i. make a purchase for a product or service offered by the Supplier; or
ii. contact the Supplier via their contact details as provided and make enquiries or other
arrangements.
(c) Customers will also be able to register and post a project setting out budget, details and
requirements (Wedding Project) and Suppliers will be able to place a bid by offering their
products and services for a set price (Bid).
(d) Weddingbuzz’s responsibilities are limited to facilitating the availability of the Site and
Services.
(e) Weddingbuzz is not a party to any agreement entered into between a Customer and Supplier.
Weddingbuzz is not a referrer or booking agent, and provides no such related services. We
have no control over the conduct of Customers, Suppliers and other users of the Site and
Services. We disclaim all liability in this regard, as set out in the Terms.
(f) Any arrangement between a Customer and a Supplier is solely between the Customer and
Supplier. It is strictly and expressly not part of your agreement with Weddingbuzz.
2. Contract
Your use of our Site and Services indicates that you have had sufficient opportunity to access the
Terms and contact us, that you have read, accepted and will comply with the Terms, that you have
legal capacity to enter into a contract for sale, and that you are eighteen (18) years or older or if
younger than eighteen (18) years you have the approval of your parent or guardian. If this is not
correct, or if you do not agree to the Terms, you are not permitted to use any of our Services.
3. Privacy Policy
The Privacy Policy on our Site sets out how we collect, use and protect your personal information.
This is available on our Site.
4. Amendment
These Terms may be amended from time to time, without prior notice. Your use of our Services
following any such amendments will be deemed to be confirmation that you accept those
amendments. We recommend that you check the current Terms, before continuing your use of our
Services. Our agents, employees and third parties do not have authority to change the Terms.
5. Online Registration
(a) Each person or entity may have one (1) account as a Customer and one (1) account as a
Supplier on the Site (Account).
(b) Customers may use our Site without registering for an Account, but this may restrict access
to some of our Services including being unable to post a Wedding Project.
(c) Basic information is required when registered on our Site as a Customer or Supplier.
Information that is created when you register, such as log in details and passwords (User
Information) are stored in servers in Australia. We will take steps to ensure that User
Information is kept secure and confidential, including encrypting information that is
communicated and transmitted between the User’s browser and our servers via SSL.
(d) Each Customer and Supplier agrees to provide accurate, current and complete information
during the registration process and to update such information to keep it accurate, current
and complete. Weddingbuzz reserves the right to suspend or terminate your Account and
your access to the Site and Services if any information provided to us, including for the Site,
proves to be inaccurate, not current or incomplete.
(e) It is your responsibility to keep your Account details and password confidential. You are
liable for all activity on your Account, including payments made using your account details.
You agree that you will not disclose your password to any third party and that you will take
sole responsibility for any activities or actions under your Account, whether or not you have
authorized such activities or actions. Weddingbuzz cannot and will not be liable for any less
or damage arising from your failure to keep your Account details and password confidential.
(f) You will immediately notify Weddingbuzz of any unauthorized use of your Account.
(g) Weddingbuzz does not store credit card information.
6. Payments
(a) Payments differ for Customers and Suppliers.
(b) Suppliers who register on our Site will be required to purchase a monthly product pack (Pack)
which will enable them to set up a Listing on our Site. This payment will be made in advance
each month.
(c) Customers who wish to purchase a product or service from a Supplier listed on the Site may:
i. make payment to the Supplier through the Site or;
ii. contact the Supplier directly and make arrangements for payment.
(d) You agree to pay the relevant fees, in the currency specified on the Site, at the time that your
payment is processed. Your payment will be processed:
i. if you are a Customer, at the time that you make a purchase of a product or service;
ii. if you are a Supplier, at the time you purchase a Pack.
(e) Goods and Services Tax (GST) will be charged where applicable.
(f) You may pay for the Services by credit card, PayPal or the Pin Payments system. Payments
will be processed through PayPal or Pin Payments and you are responsible for the fees
associated with your transaction.
(g) You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means.
If your payment is not able to be successfully processed then your order may be cancelled.
(h) In the absence of fraud or mistake, all payments made are final and you shall not have the
right to cancel your purchase for any reason and further you agree to satisfy all such
payments made.
(i) If you make a payment by debit or credit card, you warrant that the information you provide
to us is true and complete, that you are authorised to use the debit or credit card to make
the payment, that your payment will be honoured by your card issuer, and that you will
maintain sufficient funds in your account to cover the purchase price.
(j) Nothing prevents us from taking any action necessary to recover any unpaid purchase price.
If you fail to pay, your information will be passed on for collection and or legal action. You
acknowledge and agree that you are liable for and will pay all costs including debt collection,
commission, solicitor’s fees and any out of pocket expense. If you at any time exceed our
payment terms and as a result are passed on for collection and or legal action, we may place
a default against you with a credit reporting agency.
(k) Our pricing structure or payment methods may be amended from time to time in our sole
discretion.
7. FEES
(a) Registering and creating and account with Weddingbuzz is free. There is no charge for listing
packages, or for other Weddingbuzz Users to review content on the Weddingbuzz Platform.
(b) If a person has purchased your services or product, You agree that the fees as set out in the
Service Fee Schedule will be deducted from the agreed fee and paid to Weddingbuzz (or its nominee),
which are inclusive of GST (“Service Fees”).
(c) The Service Fees will be deducted and paid to Weddingbuzz after 14 days or after receiving
confirmation that both parties wish to proceed.
(d) To be clear, Service Fees will be calculated only on the amount that the Supplier agrees to
charge the Customer. This means that if a Customer requires a Supplier to incur costs in delivering
services (for example, if the delivery of services requires excess travel), then the cost incurred
will not be included in any calculation of the Service Fees.
(e) Weddingbuzz may from time to time change the Service Fees and the terms applying to their payment.
Any change relating to the Service Fees is effective fourteen (14) days after Weddingbuzz notifies
You of that change by sending a message to your email registered with Weddingbuzz..
(f) Weddingbuzz may choose to temporarily modify the Service Fees, or the terms applying to their
payment, in its sole discretion. Notification of temporary modifications will also be sent to your
email registered with Weddingbuzz.
(g) All fees and charges payable to Weddingbuzz are non-cancellable and non-refundable, subject to
your rights under any Non-Excludable Conditions (defined below).
(h) If Weddingbuzz introduces a new service on the Weddingbuzz Marketplace, the fees applying to
that service will be payable as from the launch of the service and will also be “Service Fees”
under this Agreement.
(i) All Customers will be required to pay a deposit of 30% to secure a Supplier’s services for a
pre agreed date. Weddingbuzz will take the service fee from this deposit after 14 days or when
both parties have agreed to proceed.
(j) After the initial deposit of 30% has been paid by the Customer, the ongoing relationship is
between the Customer and the Supplier. Ongoing payments and conditions will be an agreement between
the Customer and the Supplier.
8. Customers and Wedding Projects
(a) Customers who have created an Account are permitted to create Wedding Projects. Your
Wedding Project is created from information you provide to us.
(b) You agree to provide accurate, current and complete information during the registration
process, and to update your information to keep it accurate, current and complete.
(c) Each Customer acknowledges and agrees that he or she is responsible for their Wedding
Project.
(d) Each Customer represents and warrants that any content that they provide and any Wedding
Project that they post:
i. will not breach any agreements you have entered into with any third parties;
ii. will be in compliance with all applicable laws, tax requirements, and rules and
regulations that may apply in your local area and country; and
iii. will not conflict with the rights of third parties.
(e) Suppliers are able to place Bids on Wedding Projects and it is at the sole discretion of the
Customer whether or not to accept any of the Bids. If the Customer accepts a Bid, the
Customer will contact the Supplier directly to make arrangements for payment and delivery
of products and/or provision of services. Weddingbuzz is not a party to any of the
arrangements made between the Customer and the Supplier.
(f) We assume no responsibility for a Customer’s compliance with any applicable laws, rules and
regulations.
(g) We reserve the right, at any time and without prior notice, to remove or disable access to
any Wedding Project for any reason, including Wedding Projects that Weddingbuzz, in its
sole discretion, considers to be objectionable for any reason, in violation of these Terms or
otherwise harmful to the Site or Services.
9. Suppliers and Listings
(a) Suppliers who have registered for an Account can create their Shop on the Site and post
Listings of the products and services.
(b) By Listing an item on the Site, the Supplier warrants that:
i. the item is accurately described;
ii. terms of sale are available;
iii. the Supplier is legally able to sell the item; and
iv. the Supplier and the item comply with Weddingbuzz’s published policies.
(c) Suppliers are encouraged to outline their policies in their Shop. These policies may include,
for example, shipping, returns, payment and selling policies. Sellers must create reasonable
policies in good faith and must abide by such policies. The policies of each Shop must comply
with our policies and we reserve the right to request that a Supplier modify a shop policy.
Sellers are responsible for enforcing their own reasonable shop policies.
(d) Each Supplier represents and warrants that any content that they provide and any Listing
that they post:
i. will not breach any agreements you have entered into with any third parties;
ii. will be in compliance with all applicable laws, tax requirements, and rules and
regulations that may apply in your local area and country; and
iii. will not conflict with the rights of third parties.
(e) Suppliers may place Bids on any Wedding Projects. If the Customer accepts a Bid, the
Customer will contact the Supplier directly to make arrangements for payment and delivery
of products and/or provision of services. Weddingbuzz is not a party to any of the
arrangements made between the Customer and the Supplier.
(f) We assume no responsibility for a Supplier’s compliance with any applicable laws, rules and
regulations.
(g) We reserve the right, at any time and without prior notice, to remove or disable access to
any Listing for any reason, including Listing that Weddingbuzz in its sole discretion, considers
to be objectionable for any reason, in violation of these Terms or otherwise harmful to the
Site or Services.
10. User License
(a) Subject to these Terms, Weddingbuzz grants the User a personal, non-exclusive, non-
transferable, limited and revocable license to use the Site and Services for your own personal
and/or business use only on a computer or mobile device owned or controlled by the
Customer or Supplier as permitted in accordance with these Terms (User License), and not
to use the Site and Services in any other way or for any other purpose, apart from local fair
dealing legislation. All other uses are prohibited without our prior written consent.
(b) The right to use the Site and Services is licensed to you and are not being sold to you. You
have no rights in the Site and Services other than to use it in accordance with these Terms.
(c) This Agreement and User License governs any updates to, or supplements or replacements
for, the Site and Services, unless separate Terms accompany such updates, supplements or
replacements, in which case the separate Terms will apply.
11. Permitted and Prohibited Conduct
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations
that may apply to your use of the Site and Services. In connection with your use of our Site and
Services, you may not and you agree that you will not:
(a) use the Site or Services for any purposes that are not expressly permitted by these Terms;
(b) register for more than one (1) Account as a Customer and one (1) Account as a Supplier;
(c) transfer or sell your Account to another party;
(d) do any act which may interfere with a Supplier’s business or undermine any online reviews
or feedback;
(e) submit any false or misleading information;
(f) as a Supplier, host any images which are not part of your Listing;
(g) as a Supplier, offer any services that you do not intend to honour or cannot provide;
(h) as a Customer, make any offers to Suppliers that you do not intend to honour or cannot
provide;
(i) violate any local, state, provincial, national, or other law or regulation, or any order of a court,
including, without limitation, zoning restrictions and Tax regulations;
(j) copy, store or otherwise access any information contained on the Site, Services or Content
for purposes not expressly permitted by these Terms;
(k) infringe the rights of any person or entity, including without limitation, their intellectual
property, privacy, publicity or contractual rights;
(l) use our Site or Services to transmit, distribute, post or submit any information concerning
any other person or entity, including without limitation, photographs of others without their
permission, personal contact information or credit, debit, calling card or account numbers;
(m) use our Site or Services in connection with the distribution of unsolicited commercial email,
i.e. spam or advertisements;
(n) stalk or harass any other user of our Services or collect or store any personally identifiable
information about any other user other than for purposes of transacting as a Customer or
Supplier;
(o) add any other user of our Services to your email or physical mailing list without permission
from the user;
(p) attempt to modify, adapt or hack our Site or modify another Site so as to falsely imply that is
it associated with us;
(q) perform any acts which create liability for us or cause us to lose (in whole or in party) the
services of our ISP’s and/or other service providers;
(r) use, display, mirror or frame the Site, or any individual element within the Site, Services,
Weddingbuzz’s name, any Weddingbuzz trademark, logo or other proprietary information,
or the layout and design of any page or form contained on a page, without Weddingbuzz’s
express written consent; or
(s) advocate, encourage, or assist any third party in doing any of the foregoing.
12. User Content
Users are permitted to post, upload, publish, submit or transmit relevant information and content
(User Content). By making available any User Content on or through the Site and Services, you grant
to Weddingbuzz a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license
to use the User Content, with the right to sublicense, to use, view, copy, adapt, modify, distribute,
license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view,
and otherwise exploit such User Content on, through, or by means of the Site and Services.
You are solely responsible for all User Content that you make available through the Site and Services.
You represent and warrant that:
(a) you either are the sole and exclusive owner of all User Content that you make available
through the Site and Services, or that you have all rights, licenses, consents and releases that
are necessary to grant to Weddingbuzz the rights in such User Content, as contemplated
under these Terms; and
(b) neither the User Content nor your posting, uploading, publication, submission or transmittal
of the User Content or Weddingbuzz’s use of the User Content (or any portion thereof) on,
through or by means of the Site and the Services will infringe, misappropriate or violate a
third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or
intellectual property rights, or rights of publicity or privacy, or result in the violation of any
applicable law or regulation.
13. Termination and Suspension
(a) If you wish to terminate your Account, you must do so manually via the Site.
i. For Customers, upon cancellation, access to your Account will be immediately
terminated.
ii. For Suppliers, upon cancellation, automatic monthly payments will cease, and the
Account and Listing will be terminated at the end of the monthly billing cycle.
(b) We may, at our sole discretion, terminate any unconfirmed or inactive accounts.
(c) Weddingbuzz reserves the right to issue a warning to a User, terminate or suspend an
Account, or take technical and legal steps to keep a User off the Site, if Weddingbuzz:
i. suspects that a User has breached the Terms of this Agreement, the Privacy Policy
available on the Site, or any other policy documents which are available to the User;
ii. is unable to verify or authenticate personal information or content provided;
iii. believes that a User is acting inconsistently with the spirit of our policies;
iv. believes that a User has engaged in improper or fraudulent activity; or
v. believes that the actions of the User may cause legal liability or financial loss to us or
any of our other Users.
(d) Our Services will not be available to any Customer or Supplier for the time that their account
has been suspended.
(e) Weddingbuzz reserves the right to refuse service to anyone for any reason.
(f) No refunds will be made upon termination or suspension.
14. Refund Policy
(a) If you consider that there are any problems with our Services, please contact us as soon as
possible at [email protected]
(b) If there is a major problem with our Service, you may be entitled to a refund under the
Australia Consumer Law.
(c) If you are entitled to a refund, we will provide you with a refund of your most recent monthly
payment.
15. Consumer Guarantees
(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the
Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot
be excluded, restricted or modified (Rights). Similar consumer protection laws and
regulations in other countries may provide consumers with similar guarantees.
(b) If you are a consumer as defined in the ACL, the following notice applies to you: We
guarantee that the Services we supply to you are rendered with due care and skill; fit for the
purpose that we advertise, or that you have told us you are acquiring the Services for or for
a result which you have told us you wish the Services achieve, unless we consider and disclose
that this purpose is not achievable; and will be supplied within a reasonable time. To the
extent we are unable to exclude liability; our total liability for loss or damage you suffer or
incur from our Services is limited to us re-supplying the Services to you, or, at our option, us
refunding to you the amount you have paid us for the Services to which your claim relates.
(c) We do not provide the Customers or the Suppliers. We have no responsibility and no liability
for any products and services that are provided by Suppliers to Customers.
16. Copyright and Intellectual Property
(a) Our Site contains material which is owned by or licensed to us (or our affiliates and/or third
party licensors as applicable), and is protected by Australian and international laws, including
but not limited to the trademarks, trade names, software, content, design, images, graphics,
layout, appearance, layout and look of the Site (Collective Content). Weddingbuzz and all
material used in connection with the Site are unregistered or registered trademarks of
Weddingbuzz.
(b) Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and
unregistered, logos, slogans, designs, audio tracks, information, images, photographs,
patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes,
documents, confidential information and any other proprietary or industrial rights relating
to Weddingbuzz (in each case whether registered or unregistered or whether capable of
registration), together with any applications for registration and any rights to registration or
renewal of such rights anywhere in the world and whether created before or after the date
of these Terms; goodwill in the business; trade, business company or organisation names;
internet domain names; and Site content, images and layout.
(c) You agree that, as between you and us, we own all Intellectual Property rights in the Site and
Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property
rights. We own the copyright which subsists in all creative and literary works displayed in
the Site and Services. The Site and Services are protected by copyright, trademark, patent,
trade secret, international treaties, laws and other proprietary rights, and also may have
security components that protect digital information only as authorized by Weddingbuzz or
the owner of the content.
(d) Other trademarks, service marks, graphics and logos used in connection with the Site and
Services are the trademarks of their respective owners (collectively Third Party Marks).
(e) Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in
whole or in part, without the prior written permission of Weddingbuzz or the applicable
trademark holder.
(f) Users of the Site do not obtain any interest or license in the Intellectual Property or Third
Party Marks without the prior written permission of Weddingbuzz or the applicable
trademark holder. Customers and Suppliers may not do anything which interferes with or
breaches the Intellectual Property rights.
17. Content
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of
Australia and foreign countries. You acknowledge and agree that the Site, Services and Collective
Content, including all associated intellectual property rights is the exclusive property of Weddingbuzz
and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or
other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective
Content.
You must not post, upload, publish, submit or transmit any content that:
(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(b) is fraudulent, false, misleading or deceptive;
(c) contains any viruses or computer programming routines which are intended to damage or
detrimentally interfere with computing systems, data or personal information;
(d) denigrates the Site, Services, Customer or Supplier;
(e) violates, or encourages any conduct that would violate, this Agreement, any applicable law
or regulation or would give rise to civil liability;
(f) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or group;
(g) is violent or threatening or promotes violence or actions that are threatening to any other
person;
(h) promotes illegal or harmful activities or substances; or
(i) links directly or indirectly, references or contains content that is prohibited under this
Agreement and any other policy documents which are available on our Site.
18. Permitted and Prohibited Conduct
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations
that may apply to your use of the Site and Services. In connection with your use of our Site and
Services, you may not and you agree that you will not:
(a) use the Site or Services for any purposes that are not expressly permitted by these Terms;
(b) register for more than one (1) Account as a Customer and one (1) Account as a Supplier;
(c) transfer or sell your Account to another party;
(d) do any act which may interfere with a Supplier’s business or undermine any online reviews
or feedback;
(e) submit any false or misleading information;
(f) as a Supplier, host any images which are not part of your Listing;
(g) as a Supplier, offer any services that you do not intend to honour or cannot provide;
(h) as a Customer, make any offers to Suppliers that you do not intend to honour or cannot
provide;
(i) violate any local, state, provincial, national, or other law or regulation, or any order of a
court, including, without limitation, zoning restrictions and Tax regulations;
(j) copy, store or otherwise access any information contained on the Site, Services or Content
for purposes not expressly permitted by these Terms;
(k) infringe the rights of any person or entity, including without limitation, their intellectual
property, privacy, publicity or contractual rights;
(l) use our Site or Services to transmit, distribute, post or submit any information concerning
any other person or entity, including without limitation, photographs of others without
their permission, personal contact information or credit, debit, calling card or account
numbers;
(m) use our Site or Services in connection with the distribution of unsolicited commercial email,
i.e. spam or advertisements;
(n) stalk or harass any other user of our Services or collect or store any personally identifiable
information about any other user other than for purposes of transacting as a Customer or
Supplier;
(o) add any other user of our Services to your email or physical mailing list without permission
from the user;
(p) attempt to modify, adapt or hack our Site or modify another Site so as to falsely imply that
is it associated with us;
(q) perform any acts which create liability for us or cause us to lose (in whole or in party) the
services of our ISP’s and/or other service providers;
(r) use, display, mirror or frame the Site, or any individual element within the Site, Services,
Weddingbuzz’s name, any Weddingbuzz trademark, logo or other proprietary information,
or the layout and design of any page or form contained on a page, without Weddingbuzz’s
express written consent; or
(s) advocate, encourage, or assist any third party in doing any of the foregoing.
19. Access and Interference
Weddingbuzz may contain robot exclusion headers which contain internal rules for software usage.
Much of the information on Weddingbuzz is updated on a real-time basis and is proprietary or is
licensed to Weddingbuzz by Weddingbuzz’s users or third-parties. You agree that you will not use
any robot, spider, scraper or other automated means to access our Site for any purpose whatsoever,
except to the extent expressly permitted by and in compliance with these Terms or otherwise
without Weddingbuzz’s prior express written permission. Additionally, you agree that you will not:
(a) take any action that imposes, or may impose, in Weddingbuzz’s sole discretion, an
unreasonable or disproportionately large load on Weddingbuzz’s infrastructure;
(b) copy, reproduce, modify, create derivative works from, distribute or publicly display any
content uploaded by other Users from the Site, except to the extent expressly permitted by
and in compliance with these Terms or otherwise without the prior express written
permission of Weddingbuzz and the appropriate third party, as applicable;
(c) interfere or attempt to interfere with the proper working of the Site or any activities
conducted on the Site; or
(d) bypass Weddingbuzz’s robot exclusion headers or other measures Weddingbuzz may use to
prevent or restrict access to Weddingbuzz.
20. Dispute Resolution
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for
actions or omissions of other Customers or Suppliers or other third parties will be limited to a claim
against the Customer or Supplier or other third party who caused you harm. We encourage you to
communicate directly with the relevant Customer or Supplier on the Site and Services regarding any
arrangements made between you and to resolve any dispute between you. If Users are unable to
resolve a dispute resulting from a transaction that occurs on Weddingbuzz, they may choose to
participate in Weddingbuzz’s case system in order to resolve the dispute. Cases are escalated for
review and resolution by Weddingbuzz. Weddingbuzz provides its dispute resolution process for the
benefit of users and does so in Weddingbuzz’s sole discretion. Weddingbuzz has no obligation to
resolve disputes between users or between users and outside parties. To the extent that
Weddingbuzz attempts to resolve a dispute, Weddingbuzz will do so in good faith based solely on
Weddingbuzz’s policies. Weddingbuzz will not make judgments regarding legal issues or claims. Users
may report disputes to your local law enforcement, postmaster general, or a certified mediation or
arbitration entity, as applicable. You release Weddingbuzz and its officers, directors, agents,
subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with disputes with one or more
users, or an outside party.
21. Disclaimers
(a) Weddingbuzz does not guarantee that the products and services offered by Suppliers that
are listed on our Site will be requested by any Customers, nor do we guarantee that
Customers will be able to find desirable Suppliers.
(b) Weddingbuzz does not endorse any Customer or Supplier. We require Customers and
Suppliers to confirm that they have provided accurate information. Weddingbuzz does not
perform any sort of background checks of Customers and Suppliers, and do not confirm, any
Customer or Supplier’s identity.
(c) Weddingbuzz cannot and does not control the content contained in any Listings or the
condition, legality or suitability of any Supplier or their products and services. Customers are
responsible for determining the identity and suitability of Suppliers that are listed on our Site.
(d) Weddingbuzz accepts no responsibility for and makes no representations or warranties to
you or to any other person as to the reliability, accuracy or completeness of the information
contained on the Site. Weddingbuzz disclaims any and all liability related to any and all
Customers, Wedding Projects, Suppliers and Listings.
(e) Weddingbuzz is not responsible for the availability of outside websites or resources linked to
or referenced on the Site. Weddingbuzz does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available from such websites or
resources. Weddingbuzz shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or reliance
on any such content, goods or services available on or through any such websites or
resources.
(f) To the fullest extent allowable under applicable law, we disclaim all warranties,
representations and conditions, whether express or implied, including any warranties,
representations and conditions that the Site or Services are merchantable, of satisfactory
quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-
infringing or free of defects or errors.
(g) For the avoidance of doubt, Weddingbuzz is not responsible for any taxation, visa or
immigration matters associated under these Terms. We advise that all Customers and
Suppliers using our Site and Services to seek their own advice in relation to these matters.
(h) There may be risks dealing with international trade and foreign nationals. By using
Weddingbuzz, you agree to accept such risks and that Weddingbuzz and its officers, directors,
agents, subsidiaries, joint ventures and employees are not responsible for any of your acts
or omissions.
(i) Each Customer and Supplier who uses our Site and Services do so at their own risk.
(j) We exclude all express and implied conditions and warranties, except for your Rights, to the
fullest extent permitted by law, including but not limited to:
i. Weddingbuzz expressly disclaims any implied or express guarantees, warranties,
representations or conditions of any kind, which are not stated in these Terms;
ii. Weddingbuzz does not warrant that the Site, the Services, content on the Site
(including pictures, videos, sound clips, resumes, links etc.), or your access to the Site
or Services will be error free, that any defects will be corrected or that the Site or
the server which stores and transmits material to you are free of viruses or any other
harmful components;
iii. Weddingbuzz takes no responsibility for, and will not be liable for, the Site, the
Services, the Customers, and the Suppliers being unavailable, failing to meet the
Wedding Project or Listing description, failing to meet your needs, or of being less
than merchantable quality; and
iv. Weddingbuzz will not be liable for any loss, damage, costs or expense whether
direct, indirect, incidental, special , consequential and/or incidental, exemplary or
consequential damages, including lost profits, loss of data or loss of goodwill, service
interruption, computer damage or system failure or the cost of substitute products
or services, or for any damages for personal or bodily injury or emotional distress,
loss of revenue, production, opportunity, access to markets, goodwill, reputation,
use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage
relating to business interruption, loss of programs or other data on your information
systems or costs of replacement goods, or otherwise, suffered by you or claims made
against you, arising out of or in connection with the Site, Services, Content, inability
to access or use the Site, the Services, or the Terms, even if Weddingbuzz was
expressly advised of the likelihood of such loss or damage.
(k) You agree not to attempt to impose liability on, or seek any legal remedy from Weddingbuzz
with respect to such actions or omissions.
22. Limitation of Liability
(a) Our total liability arising out of or in connection with the Site, the Services or the Terms,
however arising, including under contract, tort, including negligence, in equity, under
statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12)
month period prior to the event giving rise to the liability, or one hundred dollars
(AUD$100) if no such payments have been made, as applicable.
(b) The limitations of damages set forth above are fundamental elements of the basis of the
bargain between Weddingbuzz and you. Some jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, so the above limitation may
not apply to you.
(c) This limitation of liability reflects the allocation of risk between the parties. The limitations
specified in this section will survive and apply even if any limited remedy specified in these
terms is found to have failed of its essential purpose. The limitations of liability provided in
these terms inure to the benefit of Weddingbuzz.
23. Indemnity
(a) You agree to defend and indemnify and hold us (and our parent, related bodies corporate,
officers, directors, contractors, employees and agents) harmless from and against any claims,
actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and
expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or
connected to your use of or access to our Services; any breach by you of these Terms; any
wilful, unlawful or negligent act or omission by you; and any violation by you of any
applicable laws or the rights of any third party.
(b) We reserve the right to assume the exclusive defence and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate in asserting any
available defences.
(c) This defence and indemnification obligation will survive these Terms and your use of the Site
or Services. These Terms, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by us without restriction.
24. General
(a) Relationship of Parties: These Terms are not intended to create a relationship between the
parties, of agency, partnership, joint venture, franchisor-franchisee or employer-employee.
(b) Accuracy: While we endeavour to keep the information up to date and correct, we make no
representations, warranties or guarantee, express or implied, about the completeness,
accuracy, reliability, suitability or availability of any information, images, products, services,
or related graphics contained on the Site for any particular purpose. You hereby acknowledge
that such information and materials may contain mistakes, inaccuracies or errors and we
expressly exclude any liability for such to the fullest extent permissible by law.
(c) Termination: We reserve the right to refuse supply of the Services required by you, terminate
your account, terminate our contract with you, and remove or edit content on our Site at our
sole discretion, without incurring any liability to you.
(d) Force Majeure: We will not be liable for any delay or failure to perform our obligations under
the Terms if such delay is due to any circumstance beyond our reasonable control.
(e) Notice: Any notice in connection with the Terms will be deemed to have been duly given
when made in writing and delivered or sent by email, facsimile or post to the party to whom
such notice is intended to be given or to such other address, email address or facsimile
number as may from time to time be notified in writing to the other party.
(f) Waiver: Any failure by a party to insist upon strict performance by the other of any provision
in the Terms will not be taken to be a waiver of any existing or future rights in relation to the
provision. No waiver by us of any of the Terms shall be effective unless we expressly state it
is a waiver and we communicate to you in writing.
(g) Assignment: You must not assign any rights and obligations under the Terms whether in
whole or in part without our prior written consent.
(h) Severability: If any of the Terms are determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or provision will to that extent
be severed from the remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.
(i) Jurisdiction and Applicable Law: These Terms, your use of this Site and Services any dispute
arising out of your use of it is subject to the laws of New South Wales, Australia, and subject
to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed
throughout Australia and overseas. Weddingbuzz makes no representation that the content
of the Site complies with the laws (including intellectual property laws) of any country
outside Australia. If you access the Site from outside Australia, you do so at your own risk
and are responsible for complying with the laws in the place where you access the Site.
(j) Entire Agreement: These Terms and any document expressly referred to in them represent
the entire agreement between you and Weddingbuzz, and supersede any prior agreement,
understanding or arrangement between you and us, whether oral or in writing.
25. Survival of Terms
Clauses 12, 16, 17, 21, 22 and 23 survive termination of this Agreement.

For questions and notices, please contact us at:

Escher Australia Pty Ltd trading as weddingbuzz.com.au ABN 60 168 704 416
PO Box 444, Gosford NSW 2250
[email protected]

Last update: 25 September 2015