Website terms of use for Advertisers, Members and Visitors

between
Wedding Circle ABN 24 680 449 122 of PO Box 55 Richmond VIC 3121 (“Wedding Circle”)
and
the User of this website (“You ” or “Your ”)

1. OWNERSHIP
1.1 weddingcircle.com.au is owned and operated by Wedding Circle ABN 24 680 449 122.

2. ACCEPTANCE OF TERMS OF USE
2.1 Your access to and use of all information on this Site is provided subject to these Website Terms of Use.
2.2 By using this Site You will be deemed to have read, understood, and accepted these Website Terms of Use, and You agree to abide by the Website Terms of Use at all times when using this Site.
2.3. If You do not agree to these Website Terms of Use You must immediately discontinue use of this Site.
2.4 Wedding Circle reserves the right to amend, modify, or alter these Website Terms of Use at any time without notice. The amended terms and conditions shall be effective from and after the date they are posted on this Site and immediately become binding upon You, whether or not read by You and may not otherwise be amended except by written authorization from Wedding Circle. Your use of this Site following any amendment will represent Your agreement to be bound by these Website Terms of Use (as amended). Wedding Circle advises that You reread these Website Terms of Use on every occasion You access this Site.
2.5 The Wedding Circle Privacy Policy is also incorporated into the Website Terms of Use.

3. SCOPE OF SERVICE
3.1 Through this Site, Wedding Circle provides an online platform through which business in the Australian wedding industry can advertise their services and products and through which Visitors can enquire about such service and products, and exchange information about wedding products and services.
3.2 By entering into Advertising Service Agreement or Insertion Order Agreements, You enter into a direct and legally binding contractual relationship with Wedding Circle.
3.3 All prices are in Australian Dollars (AUD) and are inclusive of GST. All transactions are processed in Australian Dollars (AUD).

4. WEBSITE ACCESS AND USAGE
4.1 When You visit our Site, we give You a personal, non-transferable, non-sublicensable, revocable licence to access and use this Site only as permitted in this Website Terms of Use.
4.2 Subject to Clause 4.3, You are permitted to download a copy of the information on this Site to Your computer for Your personal use only provided that You do not delete or change any copyright symbol, trademark, servicemark, design registration, patent, or other Intellectual Property. Your use of this Site in any other way is deemed to infringe Wedding Circle's Intellectual Property Rights and entitlements and to breach this Website Terms of Use.
4.3 This Site and Advertiser’s services and products are made available for personal and non-commercial use only. You are not allowed to re-sell, scrape, or reproduce any information, software, products or services available on this Site for any commercial or competitive activity or purpose.
4.4 The license granted to You under Clause 4.1 gives Wedding Circle the right to:
       4.4.1 Make the Content available to any other person with whom Wedding Circle has a relationship for the provision of Advertising Services and to use such Content in the provision of Advertising Services;
       4.4.2 Make the Content available to the public via this Site or as part of any services or products; and
       4.4.3 Allow Site users to search Content You have posted.
4.4 Except as permitted under the Copyright Act 1968 (Cth), You are not permitted to copy, reproduce, republish, metatag, distribute or display any of the information on this Site without prior written permission by Wedding Circle.
4.5 Wedding Circle may without notice to You at any time, and in its complete and unfettered discretion, and without giving any reason or receiving any permission from You , take any or all of the following actions;
       4.5.1 Vary, alter, suspend, revoke, or cancel in part or in whole the licence granted under Clause 4.1.
       4.5.2 Immediately terminate Your access to this Site.
       4.5.3 Block any Internet Protocol address whether such address belongs to You or any other person.
       4.5.4 Edit, change, and or delete in whole or in part any Content published on or through this Site.
       4.5.5 Temporarily or permanently limit, suspend, or cancel at the discretion of Wedding Circle any membership, access, privilege or benefit You have to the Site.
       4.5.6 Publish any warning, comment, apology, or statement relating to Your breach of the Website Terms of Use.
       4.5.7 Provide information to any consumer or law enforcement organisation having jurisdiction intra-nationally, nationally, or internationally, relating to any use by You of this Site which is in breach of the Website Terms of Use.
       4.5.8 Record the IP address of all posts to aid Wedding Circle in enforcing these Website Terms of Use.
4.6 Wedding Circle reserve the right at any time, and without notice, to modify, make temporarily or permanently unavailable this Site in part or in whole.
4.7 Only businesses with repair and customer service operations and either manufacturing, or importing, or distributing operations all located in Australia and with a valid and current ABN may be registered on this Site.
4.8 Advertisers may only register a given business if that business is not currently registered on this Site in accordance with Wedding Circle registration terms.

5. FORUM
5.1 By accessing “WeddingCircle Forum” (hereinafter “we”, “us”, “our”, “WeddingCircle Forum”, “http://www.weddingcircle.com.au/forum”, "Forum"), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “WeddingCircle Forum”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “WeddingCircle Forum” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
5.2 Our forums are powered by phpBB (hereinafter “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”, "phpBB") which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from http://www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com.
5.3 You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “WeddingCircle Forum” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “WeddingCircle Forum” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “WeddingCircle Forum” nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.
5.4 “WeddingCircle Forum” reserves the unrestricted right to cancel and end the forum membership and / or any forum privilege, access, or right of any forum member without notice and without reason to the forum member, and at any time without liability for any loss or damage whatsoever whether to the forum member or to any other person.
5.5 Membership Name - Rules
       5.5.1 Business names are not to be used as forum membership names, except where permission by Administrators or a Support member has been granted.
       5.5.2 Avoid uppercase membership names (such as NEWMEMBER) or excessive use of special characters (such as $$NEW_MEMBER$$) as such accounts may be deleted including associated posts.
       5.5.3 Administrators and Support reserve the right to delete accounts whereby their usernames contain abusive, vulgar, defamatory, and sexually-orientated terms.
5.6 Posting Rules
       5.6.1 By accepting these Terms of Use upon registration, each member agrees he / she is solely and legally responsible for the information he / she posts.
       5.6.2 Be respectful of other members at all times. Flaming or abusing (incl. bullying, belittling or humiliating) other members in any way is not acceptable. Any post deemed disrespectful or defamatory of another member or party will be removed, and the poster will be at risk of being banned.
       5.6.3 Be respectful of the Support Team and Administrators even if you disagree with particular decisions. Their time is dedicated voluntarily to keeping the WeddingCircle Forum a happy place.
       5.6.4 Duplicate posting is not allowed.
       5.6.5 Spamming is not permitted.
       5.6.6 Each individual is allowed only one (1) membership account only. Multiple memberships are strictly forbidden and may result in the deletion of all of the user's membership accounts and associated posts.
       5.6.7 Posting, or pointing to, unacceptable content (as outlined in these Terms of Use) is prohibited.
       5.6.8 Hyperlinks to a member's own, or, affiliated business is strictly prohibited within posts, and may result in an immediate ban without warning.
       5.6.9 It is your responsibility to ensure you do not infringe on someone elses copyright. If you're posting third-party content at http://www.weddingcircle.com.au/forum, you need to ensure you own or control the rights to the respective content and / or it is acknowledged appropriately. You agree to bear any and all costs associated with arising damages, including legal and court fees.
5.7 PM Rules
       5.7.1 Posting Rules apply to Personal Messages (PM's). Please see Posting Rules for more information.
       5.7.2 Business found to be spamming via PM will have their accounts cancelled.
       5.7.3 Unsolicited commercial PM's by any forum member is also prohibited, and the respective member will have his / her account deleted immediately without warning.
5.8 Signature Rules
       5.8.1 Individuals
             5.8.1.1 Members may provide 5 lines of information. Each line may contain a link to a personal website, or personal blog within the boundaries of acceptable content but must NOT; contain business information whatsoever, point to a commercial site nor contain phone numbers, email addresses, or any other contact information.
       5.8.2 Businesses
             5.8.2.1 Members representing a business are prohibited from providing any commercial information within a signature if they have less than 50 posts.
             5.8.2.2 Members representing a business with 50 or more posts, may only use two lines of information; providing only a business name - on the first line - and a link to a commercial site - on the second line. Taglines / slogans are not accepted.
             5.8.2.3 Paid advertisers may include an additional three (3) lines of information during the life of the contractual period with WeddingCircle only upon, and not before, approval by either Support or Administrator.
5.8.3 All members are prohibited from providing duplicate links in their signature.
5.9 Posting Images & Avatars - Rules
5.9.1 Members are prohibited from uploading any images that are abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of y our country, the country where “WeddingCircle Forum” is hosted or International Law.
5.9.2 By uploading an image, you certify that you have the legal right, consent, or license to distribute that image for the entire period the image is published at the WeddingCircle Forum, otherwise, you agree it is your responsibility to promptly remove the respective images and that you bear any and all costs associated with arising damages, including legal and court fees.

6. PUBLISHING CONTENT
6.1 You are solely responsible for Your Content that You publish on this Site.
6.2 Your Content must strictly adhere to Our Publishing Guidelines.
6.3 Your Content must not directly or indirectly;
       6.3.1 Bring or be likely to bring Wedding Circle into disrepute, ridicule or contempt; or to
       6.3.2 Cause Wedding Circle or any other person to breach any laws, regulations, standards, and relevant industry codes; or
       6.3.3 Injure or be likely to injure Wedding Circle business or trade.
       6.3.4 Injure or be likely to injure any other persons, business or trade.
6.4 You certify and warrant that Your Content You publish on this Site is true and accurate, and does not breach Wedding Circle Website Terms of Use.
6.5 You certify and warrant that Your Content does not breach any ethical, professional, trade or industry restriction, condition or pre-requisite imposed by any law, regulation, or by-law.
6.5 You certify and warrant that You have all valid, lawful, and enforceable consents or licences to use and publish Your Content on this Site.
6.6 You certify and warrant that Your Content does not breach any law, regulation or by-law, and without limiting the generality of this sub-clause that Your Content is not misleading, or deceptive or misrepresentative or otherwise unfair or unconscionable.
6.7 You certify and warrant that Your Content does not breach Wedding Circle Privacy Policy and particularly does not identify any person by name, address, or contact details whether street, mail, telephonic, electronic or Internet.
6.8 You certify and warrant not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any law, regulation or by-law. You agree that Wedding Circle have the right to remove, edit, move or close any topic at any time should we see fit. As a user You agree to any information You have entered to being stored in a database. While this information will not be disclosed to any third party without Your consent, neither Wedding Circle nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.

7. WEDDING CIRCLE'S USE OF CONTENT
7.1 By accessing and using this Site, You agree to grant Wedding Circle an irrevocable, royalty-free licence to;
       6.1.1 Use, copy, reproduce, distribute, modify, in part or in whole, or delete in part or in whole Your Content whether to this Site or generally to any person; and
       6.1.2 Transmit by any means Your business phone numbers, Your short business description,  Your electronic business address and Your business address.
7.2 We do not guarantee that Your Advertising Material will be featured in any particular position or rank.

8. DENIAL OF SITE ACCESS
8.1 As an express condition / precedent of using this Site, You agree to only use this Site in accordance with these Website Terms of Use and not for any purpose that is unlawful or prohibited by this Site, or by any local, national, or international law, regulation or by-law.
8.2 If You are in breach of Website Terms of Use, including this Clause, Wedding Circle may without notice to You at any time, and in its complete and unfettered discretion, and without giving any reason or receiving any permission from You, take any or all of the following actions;
       8.2.1 Immediately terminate Your access to this Site.
       8.2.2 Block any Internet Protocol address whether such address belongs to You or any other person.
       8.2.3 Edit, change, and or delete in whole or in part any Content published on or through this Site.
       8.2.3 Temporarily or permanently limit, suspend, or cancel at the discretion of Wedding Circle any membership, access, privilege or benefit You have to the Site.
       8.2.4 Publish any warning, comment, apology, or statement relating to Your breach of the Website Terms of Use.
       8.2.5 Provide information to any consumer or law enforcement organisation having jurisdiction intra-nationally, nationally, or internationally, relating to any use by You of this Site which is in breach of the Website Terms of Use.

9. SECURITY AND PASSWORDS
9.1 If requested to do so, you must provide Wedding Circle with current, complete and accurate information about Yourself when using this Site. It is your responsibility to maintain the currency, completeness and accuracy of that registration data. Any loss caused by your failure to do so is your responsibility. If you provide a security password to utilize this Site, you are entirely responsible to maintain the confidentiality of that password and of your account generally. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Wedding Circle of any unauthorized use of your account or security password. Wedding Circle is not liable for any loss that you may incur as a result of another person using your account, either with or without your knowledge and either with or without your security password.

10. PRIVACY POLICY
10.1 Wedding Circle takes all due care with any information which You may provide to us when accessing this Site. However Wedding Circle does not warrant and cannot ensure the security of any information which You may provide to Wedding Circle.  Information You transmit to Wedding Circle is entirely at Your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
10.2 By accessing and using this Site, you promise that you have read Wedding Circle Privacy Policy set out in this Site and that you agree to abide by that policy. You consent to the use of your personal information by Wedding Circle and/or by its service or product providers pursuant to the Privacy Policy. To the extent permitted by law, Wedding Circle makes no warranty or representation about the adequacy of the security measures used for data handling and storage. Wedding Circle shall not be responsible for any actual or consequential damage that results due to a security breach or technical malfunction.
10.3 Wedding Circle compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from this Site.

11. HYPERLINKS
11.1; This Site contains hyperlinks to other websites. Such links are provided for convenience only and Wedding Circle takes no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on this Site to another website does not imply Wedding Circle endorsement, support, or sponsorship of the operator of that website  nor of the accuracy, suitability of information, services and or products which such websites provide.
11.2 Linking to our Site is not permitted without our prior written permission.

12. SEND TO MOBILE FEATURE
12.1 You certify and warrant You are the mobile account holder of the nominated mobile number where SMS messages are sent via the Send to Mobile Feature; or
12.2 You certify and warrant You have permission by a mobile account holder in receiving SMS’s to their mobile phone number via the Send to Mobile Feature at this Site.
12.3 Wedding Circle reserves the right to restrict at any time this Site’s Send to Mobile Feature to visitors and Advertisers and any other persons nominated by Wedding Circle without notice and without reason.

13. INTELLECTUAL PROPERTY RIGHTS
13.1 The copyright to all content on this Site including applets, graphics, images, layouts and text is owned by or is licenced to Wedding Circle.
13.2 All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this Site are either owned by Wedding Circle. Your access to our Site does not license, authorized or entitle You to use those Intellectual Property Rights in any commercial or competitive way without our prior written permission.
13.3 Any Content You provide becomes Wedding Circle Intellectual Property. If in future Wedding Circle uses Your Content in promoting this Site or in any other way, Wedding Circle will not be liable in any way or for any reason resulting from such use. Furthermore, You agree that Wedding Circle is entitled to use Your Content for any purpose or for any reason without compensation to You or to any other person who has transmitted Your Content.
13.4 If You provide Us with Content, You agree that You are responsible for the content of such material including its legality, originality and copyright, and that it does not breach the Website Terms of Use.

14. DISCLAIMERS
14.1 Whilst Wedding Circle takes all due care in providing our services and in maintaining and operating this Site, Wedding Circle does not provide to any person any warranty, representation or promise, either express or implied including without limitation warranties of merchantability or fitness for a particular purpose relating directly or indirectly to such services or to this Site.
14.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Website Terms of Use is excluded. 
14.3 Whilst Wedding Circle will take all due care in ensuring that this Site is free of any virus, worm, Trojan horse and/or malware, Wedding Circle is not responsible for any loss or damage to You, Your business, Your customers, or Your computer system which arises in connection with Your use of this Site or any linked website.
14.4 Wedding Circle hosts third party content on this Site including advertisements and endorsements belonging to other Advertisers. Whilst Wedding Circle will use reasonable skill and care in operating this Site,  responsibility for such Content rests with the authors, publishers, or transmitters of that Content and Wedding Circle is not responsible for any errors, omissions or inaccurate / misleading / untrue information in such Content or any material on the Site which breaches the Website Terms of Use.
14.5 Advertisers are responsible for the accuracy, completeness and correctness of any information displayed on the Site. This Site does not constitute a recommendation or endorsement of the quality, workmanship, service level, rating or accreditation of any Advertiser service of product.

15. LIMITATION OF LIABILITY
15.1 To the full extent permitted by law, our liability for breach of any implied warranty or condition or to a breach of the Website Terms of Use is limited to the supply of the services again or payment of the costs of having those services supplied again.
15.2 Wedding Circle does not accept any liability for any loss whatsoever including consequential loss, or non-economic loss, or for punitive, aggravated or exemplary damages suffered by You or by any other person arising from Wedding Circle services or Your use of this Site.
15.3 Any Content, information, advice, data, or representation made by Advertiser, Member or visitor on this Site is for general guidance only and does not purport, and is not comprehensive advice and should not be relied upon by any person for any reason without first seeking appropriately qualified and licenced wedding, product, financial or other assistance or guidance.

16.  INDEMNITY
16.1 By accessing this Site, You agree to defend and indemnify and hold Wedding Circle harmless from all claims, actions, demands, recoveries, losses, damages, fines, penalties, or other costs and expenses of any kind or nature including but not limited to reasonable legal and accounting fees arising from or in connection with Your use of this Site brought:

    1. by You or on on Your behalf; or
    2. by third parties as a result of:
      1. Your breach of the Website Terms of Use
      2. Your breach of any law of the rights of any third person; or
      3.  Your use of this Site.

17.  JURISDICTION
17.1 These Website Terms of Use are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these Website Terms of Use will be heard in Victoria and You agree to submit to the jurisdiction of the Courts of that State.
17.2 If any provision in these Website Terms of Use is invalid under any law, that provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary, the invalid provision will be deleted from these Website Terms of Use and the remaining provisions will remain in full force and effect.

18. DEFINITIONS
Comment” means any comment, feedback, idea or suggestion which You provide to us through this Site.
Content” means all content posted by You onto this Site including, without limitation, all comment, feedback, idea, suggestion, testimonials, claim, text, brochures, files, graphics, icons, photographs, video, SMS, and email addresses, and URL’s.
Wedding Circle”, “WC”, “WeddingCircle”, “We”,  “Us”, or “Our” means Wedding Circle (ABN 24 680 449 122, PO Box 55 Richmond VIC 3121) and its successors and assigns according to law.
Intellectual Property” includes all Intellectual Property of whatsoever kind or nature recognised at law, in equity or by legislation including without limitation all copyright, designs, trademarks, logos, domain names, business names and patents whether existing now or at any time in the future, to the extent this Agreement may have future application.
Site Members” means a weddingcircle.com.au member.
Site” means the top-level domain, and any subdomain of weddingcircle.com.au.
Send to Mobile” is a feature enabling Site visitors to send business details to a nominated Australian mobile phone number.
You ” or “Your ” means the User of this Site, and includes Advertisers, Site Members or casual visitors.

© Copyright WeddingCircle 2010-2017 (v1.0). ABN 24 680 449 122