App Terms and Conditions - Wedding Workflows

Wedding Workflow is owned and operated by Vedra Jade Pty Ltd (ABN 20 648 286 202).

These terms and conditions outline the obligations and responsibilities of all parties when using the online information technology platform or any other related services provided by Wedding Workflows (hereafter known as either ‘the Platform’, ‘Wedding Workflows’ or ‘the App’) including both the website and applications associated with the Platform.

Please read these terms and conditions carefully. By using Wedding Workflows and its Platform, you agree to comply with and be bound by these terms and conditions.

Last Updated: 25 / 11 / 2021

Parties

These terms and conditions constitute a legally binding agreement between:

Suppliers who use the Platform to offer their goods and service to Users of the Platform (‘the Suppliers’); and
The parties of a forthcoming planned event, who seek the services of the Suppliers (‘the Users’) (hereafter collectively referred to as ‘the Platform Members’).
The Agreement governs the Platform Members’ access to and use of the Platform, whether provided on mobile, tablet and other smart device applications, and application program interfaces.
Scope of Services
1. The Platform is an online information technology platform that may be found at the following websites;

Https://app.weddingworkflows.com

and including any mobile, tablet and other smart device applications related to the Platform.

The Platform allows:
1. Suppliers to provide certain information about the Services that they provide (‘the Services’) on the Platform;
2. Users to use the Platform to input key information to assist the Suppliers in the provision of the Services (‘the Content’).
If a Supplier has agreed to provide Services to a User, and chooses to use the Platform to assist, then an agreement is created separately between the Supplier and the User should they wish to do so. There is no contractual relationship between the Platform, the Supplier and the User other than for the supply of the Platform.
Wedding Workflow App’s Role and Obligations
1. [APP NAME] provides the Platform only, enabling Platform Members to publish Content and make requests in response to the published Content.
2. The Platform does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Content. Platform Members alone are responsible for their Content.
3. The Platform is not and does not become a party to or other participant of, any contractual relationship between Platform Members.
4. The Platform has no control over and does not guarantee:
  1. The existence, reliability, quality, safety, suitability, or legality of any Content or Services by the Supplier;
  2. The truth or accuracy of any Content descriptions, or other Platform Members’ information placed on the Content; or
  3. The performance or conduct of any Platform Member or third-party, including, but not limited to, the ability of Suppliers to perform tasks or the honesty or accuracy of any information provided by Platform Members or the Users’ ability to pay for the Services requested. The Platform does not endorse any Platform Member, Content or Services.
5. If a Platform Member chooses to use the Platform as a Supplier, the Platform Member’s relationship with the Platform is limited to that of an independent third-party, and not an employee, agent, joint venture or partner of the Platform for any reason.
6. Platform Members choosing to use the Platform as a Supplier act exclusively on their own behalf and for their own benefit, and not on behalf, or for the benefit, of the Platform.
7. The Platform does not, and shall not be deemed to, direct or control any Platform Member generally or in their performance under these Terms, specifically, including in connection with the provision of their Services to a User.
8. Platform Members acknowledge and agree that they have complete discretion whether to list Services or otherwise engage in other business activities. However, it is a condition of the use of the Platform that the Platform Member must not advertise or facilitate transactions relating to platforms in competition with the Platform. A Platform Member’s account with the Platform will be immediately terminated if this occurs.
9. The Platform may contain links to third-party websites or resources. The Platform is not responsible or liable for any of the following:
  1. Availability or accuracy of such third-party services; or
  2. The content, products, or services available from such third-party services.
10. Links to such third-party services are not an endorsement by the Platform of such third-party services.
11. The Platform cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. The Platform may carry out maintenance measures that ensures the proper or improved functioning of the Platform from time to time.

Platform Membership Eligibility Criteria

Registering and creating an account with the Platform is for any person interested in being a Platform Member.
To become a member and continue to be a member, you must:
1. Be at least 18 years old, and able to enter into legally binding Contracts to access and use the Platform or register to obtain a “Platform” Account (‘the Account’);
2. Register no more than one (1) Platform Account unless the Platform authorises a Platform Member to do so. Platform Members must not assign or otherwise transfer their Account to another party;
3. For Suppliers, you must be a registered business in the country of operation;
Platform Members must inform the Platform as soon as reasonably practicable in the event that a Member ceases to meet any of the Eligibility Requirements at any time whilst continuing to be a Member.
Platform Members warrant that all information provided by Platform Members to the Platform in the course of completing a Platform Membership Application or at any time whilst using the Platform as a Member is true and correct. Platform Members warrant that they have given all of the information the Platform could reasonably require in relation to Platform Membership and use of the Platform, including without limitation a Member’s:
1. Name;
2. Date of birth;
3. Mobile number;
4. Address;
5. Email address.

Platform Members must be natural persons but may specify within their account profile that they represent a business entity.
Platform Members must indemnify the Platform for any claim or loss suffered as a result of any information that they provide to the Platform in relation to this Agreement, their Platform Membership or their use of the Services being incorrect or misleading in any way, whether intentionally or otherwise.
The Platform reserves the right to alter access to and use of the Platform, or certain areas or features of the Platform, subjected to certain conditions or requirements, such as:
1. Completing a verification process;
2. Meeting specific quality or eligibility criteria;
3. Members’ booking and cancellation history.
The Platform does not assume any responsibility for the confirmation of any Platform Member’s identity.
Platform Members are responsible for maintaining the confidentiality and security of their Account credentials and may not disclose credentials to any third-party. Platform Members are fully responsible for all activities that occur under their account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of a Platform Member’s Account.
Platform Members must notify the Platform as soon as reasonably practicable if it becomes known or there is any reason to suspect that a Platform Member’s credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of their Account.
Platform Members are liable for any and all activities conducted through their Account, unless such activities are not authorised by the Platform Member and the Platform Member is not otherwise negligent (such as failing to report the unauthorised use or loss of credentials).
At its absolute discretion, the Platform may refuse to allow any person to register or create an account with the Platform or cancel or suspend any existing account.
All information obtained from Platform Members are subject to our Privacy Policy, found at https://weddingworkflows.com/privacy-policy/
Intellectual Property
1. Platform Members are solely responsible for all Member Content that is made available on or through the Platform. Accordingly, Platform Members represent and warrant that:
  1. They are the sole and exclusive owner of all Member Content that they make available on or through the Platform; or
  2. They have all rights, licenses, consents and releases that are necessary to grant to the Platform the rights in and to such Member Content, as contemplated under these Terms; and
  3. Neither the Member Content nor their posting, uploading, publication, submission or transmittal of the Member Content or the Platform’s use of the Member Content (or any portion thereof) 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.
2. The Platform retains all intellectual property rights to the Platform, and any information placed on the Platform, including information, graphics, design and software, except where the Supplier has provided its own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Platform.
3. Where the Supplier uses information, graphics, design or software (or any other intellectual property) that they do not own, it must obtain the permission from the owner of any intellectual property in any third-party material incorporated into a Content prior to submission of the Content.
4. Platform Members grant us a world-wide, royalty free, irrevocable licence to publish, and to sub-licence the publication of, all material submitted to the Platform as part of the Content in any form or medium, including print, online or otherwise. Platform Members warrant that they are authorised to grant the licence in this clause.

Payments and Authorisations for Suppliers

The subscription held by the Supplier shall be effective for a twelve (12) month term, at the end of which the subscription will automatically and continuously renew for subsequent 30-day terms until such time when the Supplier or the Platform terminates the Agreement in accordance with this provision.
All payments required to be paid by the Supplier for its use of the Platform (‘the Fees’) will be in United State Dollars (USD) by default, through its Third Party Payment Provider.
The Platform will collect the Fees in the manner agreed between the Supplier and the Platform via the Platform.
The Platform reserves the right to change the Fees at any time. It will provide the Supplier fourteen (14) days’ notice of any fee changes before they become effective.
If the Supplier selects a payment processing method that uses a third party to process the payment, then the Platform does not process the transaction. Rather, where the Supplier receive an invoice through the assistance of a Third Party Payment Provider such as Stripe (‘TPPP’), the Supplier acknowledges that it has read over those TPPP terms and conditions thoroughly. The TPPP or their bank or other financial institution may require the Supplier to pay processing fees or other fees and charges. Any such fees and charges are the Supplier’s sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. We accept no responsibility for the Supplier’s use of any TPPP. The Supplier agrees to keep its information including its email address and payment details up to date so that the TPPP and we can process payment and contact the Supplier as needed in connection with the provision of the payment.
If the Platform is unable to process payment, it reserves the right to suspend or cancel the Supplier’s subscription until such amount is paid.
The Platform is not responsible for any loss suffered by any Platform Member as a result of incorrect payment Method(s) provided by Platform Members.
To the extent permitted by law, all Fees and charges payable to the Platform are non-cancellable and non-refundable.

Undertakings of Suppliers

When it posts its Content, the Supplier is confirming that:

The Supplier only offers Content for goods and services it own or uses with the express permission of the owner, and in all cases that it is authorised to use for the purposes of the goods and services;

The Supplier is and remains the main Supplier of the goods and services subject of the Content;

Taxes

Suppliers are solely responsible for determining their obligations to report, collect, remit or include in Booking Fees any applicable GST or income taxes (“Taxes”).
The Fee is inclusive of any Goods and Services Tax that may apply.

Amendment of these Terms

The Platform reserves the right to amend these Terms, together with the Privacy Policy and the Fee Schedule at any time in accordance with this provision.
In the event that amendments are made to these Terms, the Platform will notify Platform Members in advance of any changes becoming effective by notice posted on the Platform.

Term and Termination, Suspension and Other Measures

Suppliers may terminate this agreement at any time after the first twelve (12) month period by communicating with the Platform via email. The Supplier acknowledges that the initial twelve months is a fixed term period and any earlier termination by the Supplier still requires the Supplier to pay for the full term of the subscription.
The Platform may immediately, without notice, terminate this agreement and/or stop providing access to the Platform if:
1. A Member has materially breached their obligations under these Terms, or the Platform’s Policies;
2. A Member has violated applicable laws, regulations or third-party rights; or
3. A Member has, in Our reasonable opinion, committed any illegal, dishonest or wrongful act, abused or harassed Our staff or other Platform Members, or posed a threat to the safety or wellbeing of Our staff or other Platform Members.
4. The Platform believes in good faith that such action is reasonably necessary to protect the personal safety or property of the Platform, its Platform Members, or third-parties.
The Platform may take any of the following measures in the following situations:
1. Compliance with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body;
2. A Platform Member has breached these Terms, our Policies, applicable laws, regulations, or third-party rights;
3. A Platform Member has provided inaccurate, fraudulent, outdated or incomplete information during the Platform Account Registration, Content process or thereafter;
4. A Platform Member has repeatedly cancelled confirmed bookings or failed to respond to Requests without a valid reason; or
5. The Platform believes in good faith that such action is reasonably necessary to protect the personal safety or property of the Platform, its Platform Members, or third-parties, or to prevent fraud or other illegal activity.
The Platform may:
1. Refuse to surface, delete or delay any Member Content;
2. Limit access to or use of the Platform;
3. Temporarily or in case of severe or repeated offenses permanently suspend any Account and stop providing access to the Platform.
In case of non-material breaches and where appropriate, Platform Members will be given notice of any intended measure by the Platform and an opportunity to resolve the issue to the Platform’s reasonable satisfaction.
When this agreement has been terminated, Platform Members are not entitled to a restoration of their Account or any of their Member Content.
If access to or use of the Platform has been limited or the Platform Account has been suspended or this Agreement has been terminated by the Platform, Platform Members may not register a new Account or access and use the Platform through an Account of another Platform Member.

Disclaimers

Platform Members agree that their use of the Platform or associated services is solely at their own risk. Platform Members agree that such Service is provided on an “as is” and “as available” basis. The Platform expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied or statutory warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Platform will meet Platform Members’ requirements, or that the Platform will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Service or that defects in the Platform will be corrected. Platform Members understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Platform is done at their own discretion and risk and that they will be solely responsible for any damage to their computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Platform or any transactions entered into through the Platform. No advice or information, whether oral or written, obtained by Platform Members from us or through the Platform shall create any warranty not expressly made herein.
The scope and duration of this warranty will be the minimum permitted by law.
Platform Members agree that they have had the opportunity to investigate the Platform, its Services, laws, rules, or regulations that may be applicable to their Content that the Platform assists Platform Members in placing on the Platform, and you are not relying upon any statement of law or fact made by the Platform relating to a Content.

Liability

Platform Members acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of their access to and use of the Platform and Content, their publishing of any Content via the Platform, their provision of a Request, participation in any other activity relating to the Platform, or any other interaction they have with other Platform Members whether in person or online remains with them.
Neither the Platform nor any other party involved in creating, producing, or delivering the Platform or Content will be liable for any incidental, special, 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 arising out of or in connection with:
1. These Terms;
2. The use of or inability to use the Platform or Content;
3. Any communications, interactions or meetings with other Platform Members or other persons with whom they communicate, interact or meet with as a result of their use of the Platform; or
4. Their publishing or booking of any Content, including the provision or use of the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Platform has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose.
In no event will the Platform’s aggregate liability arising out of or in connection with these Terms and Platform Members’ use of the Platform including but not limited to:
1. The publishing or booking of any Content via the Platform; or
2. The use of or inability to use the Platform or Content; or
3. A connection with a User via any agreement; or
4. General interactions with any other Platform Members,

For Suppliers, exceeds the amounts you have paid the Platform in the twelve (12) month period prior to the event giving rise to the liability; or for Users, one hundred United States Dollars ($100 USD), if no such payments have been made, as applicable.

We perform regular backups of the Platform however; these backups are for our own administrative purposes only and are in no way guaranteed. Platform Members are responsible for maintaining their own backups of their data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups but assume no responsibility for this duty.
Indemnification
1. To the maximum extent permitted by applicable law, Platform Members agree to release, defend (at the Platform’s option), indemnify, and hold the Platform and it’s officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
  1. Their breach of these Terms or our Policies or Standards;
  2. Their improper use of the Platform;
  3. Their interaction with any Member;
  4. Their participation in any provision of goods or services arising from the use of the Platform including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use;
  5. Their breach of any laws, regulations or third-party rights.

Feedback

The Platform welcomes and encourages Platform Members to provide feedback, comments and suggestions for improvements to the Platform (‘Feedback’).
Platform Members may submit Feedback via email, through the Support section of the Platform, or by other means of communication.
Any Feedback submitted to the Platform will be considered non-confidential and non-proprietary by the submitting Platform Member.

Applicable Law

These Terms will be governed by the laws of [State], Australia. If there is a dispute between Platform Members and the Platform that results in litigation then they must submit to the jurisdiction of the courts of [State], Australia. In the event that any of these Terms are found to be unenforceable under the laws of [State], Australia, this will not affect the remainder of these Terms.

Privacy

Platform Members agree that we may access, store, process and use any information and personal data that they provide in accordance with the terms of the Privacy Policy.

General Provisions

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between the Platform and Platform Members pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between the Platform and Platform Members in relation to access to and use of the Platform.
No joint venture, partnership, employment, or agency relationship exists between Platform Members and the Platform as a result of this Agreement or their use of the Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
The Platform’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Platform Members may not assign, transfer or delegate this Agreement and their rights and obligations hereunder without the Platform’s prior written consent.
The Platform may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with thirty (30) days prior notice.
Platform Members’ right to terminate this Agreement at any time remains unaffected.
If you have any questions about these Terms please email us: hello@weddingworkflows.com