Terms & Conditions Advertising Terms and Conditions KNKT Interactive (ABN: 6413 975 2604) (ourselves) owns and operates the website and content located at waweddings.com.au. The following terms and conditions, which may be amended from time to time, apply to the publication by WA Weddings of any advertising material, including submissions to our business directory, submitted by any person or entity (a supplier, yourself), for publication on this website, or distribution via mobile phones or tablet computers. By submitting your advertisement or business profile, and completing or providing the appropriate payment authority, you agree to be bound by these terms. You are entitled to cancel your order within 7 days of the date of your advertisement being upload to the directory and approved. You must contact us in writing during this period if you no longer wish to advertise on our website. These Terms and Conditions may change at any time after the Initial Term. We will make every effort to inform you when these Terms and Conditions are updated or change. Please read these Terms and Conditions regularly. The Terms and Conditions are located at: waweddings.com.au/terms-conditions/ The advertising fees payable to WA Weddings pursuant to these Terms and Conditions are the quoted rates advised to you. We reserve the right to increase our fees and we will notify you of any fee increases. Advertising Fees are inclusive of GST. You agree to place a Directory Listing with WA Weddings on the Website for a 12 month period (Initial Term), regardless of payment terms extended. By committing to WA Weddings directory advertising you commit to the full 12 months advertising fees. If your account is overdue we have the right to take your ad offline until we have received all outstanding moneys. Termination by WA Weddings WA Weddings may terminate your Directory Listing and remove your Directory Listing from the Website at any time during the Initial Term and for any reason. WA Weddings is not obliged to provide you with reasons for terminating your Directory Listing. If WA Weddings terminates your Directory Listing during the Initial Term and you have paid the advertising fees upfront and are otherwise not in breach of these Terms and Conditions, WA Weddings will refund you a pro rata portion of the advertising fees applicable to the unused part of the Initial Term. Termination by Supplier If you, the supplier/vendor, cancel your Directory Listing with WA Weddings during the Initial Term and you have paid the advertising fees upfront, you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term. This also relates to future annual subscriptions. Acceptance of Material WA Weddings is under no obligation to accept a Directory Listing (or any part of a Directory Listing) for publication on the Website and is under no obligation to provide reasons for such refusal. WA Weddings reserves the right at any time, at its sole discretion, to: reject or cancel all or part of a Directory Listing; or remove all or part of a Directory Listing from the Website. In addition, WA Weddings shall have the absolute right, without providing any reason, to reject any URL link embodied within the Directory Listing. Images supplied to WA Weddings for publication on the Website may be published on different pages within the Website, to be determined in WA Weddings’ sole discretion. By submitting images to WA Weddings, you agree that WA Weddings may use your images anywhere within the Website. You agree that WA Weddings may source images for your Directory Listing directly from your website or Facebook page if the images supplied by you are not suitable and you warrant that WA Weddings is entitled to do so without infringing any intellectual property rights. Such material will be deemed to be submitted or supplied by you for the purpose of these Terms and Conditions. WA Weddings reserves the right to amend, move or reposition your Directory Listing or change the Website at any time. WA Weddings will use its reasonable endeavours to give you advance notice of any material changes that it makes to the Website. Visitor Complaints If WA Weddings receives complaints from visitors to the Website in relation to a Supplier or a Directory Listing, WA Weddings may without notice to the Supplier remove the relevant Supplier’s Directory Listing (or the offending part) from the Website. WA Weddings will refund you a pro rata portion of the advertising fees applicable to the unused part of the Initial Term, unless the complain relates to a verifiable case of fraud or criminal activity, in which case you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term. Intellectual Property WA Weddings owns all intellectual property rights in the Website and the Directory Listing, including information, graphics, design and software, except where the Supplier has provided its own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website, or where other intellectual property has been sourced from third-party content providers. You must obtain the permission from the owner of any intellectual property in any third party material incorporated into a Directory Listing prior to submission of the Directory Listing. You grant WA Weddings a world-wide, royalty free, irrevocable licence to publish, and to sub-licence the publication of, all material submitted to WA Weddings as part of the Directory Listing in any form or medium, including print, online or otherwise. You warrant that you are authorised to grant the licence in this clause. Warranty and Liability Warranties and liability You warrant that all material submitted by you for publication on the Website will not: contravene any relevant laws, including, without limitation, the Competition and Consumer Act 2010 (Cth), any state-based Fair Trading Act, the Privacy Act 1988 (Cth), or any regulations made under those Acts (including relevant industry regulations, standards of practice or codes of conduct), any equivalent legislation in New Zealand or any common law in Australia and New Zealand; breach or infringe the intellectual property rights of any person; be obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years; contain a photograph or representation of a living person unless that person has consented; comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature; be misleading or deceptive or likely to mislead or deceive; if you are promoting a competition or trade promotion, breach the relevant provisions of the Competition and Consumer Act 2010 (Cth) or other Federal or State legislation relation to competitions or trade promotions, or any equivalent legislation in New Zealand, and you further warrant that you have obtained all relevant permits; or comprise anything which may adversely reflect on WA Weddings or the website. WA Weddings will be under no liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of: goods or services supplied pursuant to these Terms and Conditions; any failure or omission on the part of WA Weddings to comply with its obligations under these Terms and Conditions; any negligent act or omission of WA Weddings; the provision by the Supplier to WA Weddings of incorrect contact details which results in WA Weddings being unable to forward enquiries received from visitors to the Website to the relevant supplier; or any web traffic pop-ups which appear on the Website. WA Weddings expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of profits, loss of revenue, loss of income, loss of use, loss of business opportunity, loss of production, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with the interruption of the Supplier’s business, howsoever caused. WA Weddings makes no representation or warranty in relation to the number of visitors to the Website except for those representations made expressly in writing by WA Weddings to the Supplier in relation to actual prior Website visits. WA Weddings makes no warranty or representation in relation to future visitor numbers to the Website and any projections provided by WA Weddings are estimates only. WA Weddings does not warrant or represent that: the Website will be accessible at all times, the Website is free from viruses; or any information (including hyperlinks) contained on the Website is accurate or suitable. Indemnity The Supplier releases, indemnifies and will keep indemnified WA Weddings, its employees, servants and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against WA Weddings arising out of: a breach of these Terms and Conditions by the Supplier; a breach of warranty contained in clause 9a; any wilful, unlawful or negligent act or omission of the Supplier; the publication by WA Weddings or any other person of any material supplied by the Supplier; and breach by the Supplier of any laws or legal obligations, including the Competition and Consumer Act 2010, any state-based Fair Trading legislation and any equivalent legislation in New Zealand. General These Terms and Conditions are governed by and construed in accordance with the laws of Western Australia, Australia and the parties irrevocably submit to the courts of or in that State (including the Federal Courts) and the courts that hear appeals from those courts. If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect. The Supplier may not transfer or assign these Terms and Conditions without the prior written consent of WA Weddings, which consent may be withheld at the absolute discretion of WA Weddings and if granted, may be granted on such terms and conditions as WA Weddings deems fit. Any notice required to be given under these Terms and Conditions must be in writing and given by post, facsimile, email or hand to WA Weddings or the Supplier at the contact details notified by one party to the other. No waiver by WA Weddings of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by WA Weddings, its employees or agents (which but for this clause ought or might amount to a waiver of WA Weddings’ rights in respect of any such breach or default) does not operate as a waiver in any way of WA Weddings’ rights and powers in respect of such breach or default. Neither party is liable for any delay or failure to perform its obligations (other than obligations to pay money) if such delay or failure is due to circumstances beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure or strike or lockout. These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties. Disclaimer The site will sometimes link to other web sites, over whose content we have no control. WA Weddings can accept no liability for the content found on these linked sites. However, we will remove links to material that we feel is inappropriate.