Our website, www.polkadotwedding.com and its associated domains and apps (the “Website”) are owned and operated by Ellerbooka Group Pty Ltd (ACN 116 552 419) trading as Polka Dot Wedding (“us”, “our”). By accessing or using the Website, you agree to be legally bound by the following terms and conditions (the “Terms of Use”). If you do not agree with any part of these Terms of Use you should refrain from using the Website. We may change the Terms of Use from time to time at our sole discretion and your continued use of the Website constitutes your acceptance of those changes.
- Use of Website:
You agree to use the Website for personal, non-commercial use only, and agree not to, inter alia:
a) use the Website or any of its content for any commercial purpose whatsoever without our prior written consent;
b) access the Website in breach of any applicable laws or regulations or these Terms of Use;
c) use the website to transmit (or permit transmission of) unsolicited emails, junk mail, spam or any other uninvited correspondence to any third parties;
d) attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of this Website or any content contained therein;
e) incorporate the Website into or use any element of the Website on any other website without our prior written consent;
f) use the Website or any of the content contained therein in any manner that we may, in our sole discretion, consider harmful, threatening, abusive, harassing, tortious, defamatory, discriminatory, obscene, vulgar or in any other way objectionable;
g) use the Website or any of the content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties; or
h) use the Website to solicit any personal information, including, but not limited to usernames and passwords from any third parties.
- Membership:
a) To access certain parts of this website or to contribute any materials (such as blogs, reviews, comments, music, photographs, films, literary works, artistic works) (“User Content”) you must become a member by creating a user account.
b) In order to create a user account you will need to provide to us certain information, including but not limited to, your name and your email address.
c) You warrant to us that all information provided by you to us in relation to your user account is accurate, true and complete and you agree to notify us immediately in the event that any of the information provided changes.
d) Our use of any personal information provided by you to us is governed by our Privacy Policy available at http://www.polkadotbride.com/blog-policies/
e) You agree not to create more than one user account or create any user accounts for any third parties.
f) You agree that we may use the information you provide to us during registration to, inter alia, send to your email address any updates, notifications and/or newsletters that we may consider to be of interest to you (‘Our Communication”).
g) You may choose not to receive Our Communication by clicking ‘unsubscribe’ at the bottom of any of Our Communication.
- User Content:
a) You agree that you will not post, transmit, communicate, upload, distribute, store, create or otherwise publish through the Website any User Content or any other content that we consider, at our sole discretion to be, without limitation:
i. an infringement of any of our rights or any rights of any third party, including copyright, trade mark, patent, trade secret or any other intellectual property or proprietary rights;
ii. defamatory;
iii. knowingly incorrect or misleading;
iv. posted, transmitted, communicated, uploaded, distributed, stored, created or published on this Website in return for payment of any kind from any third party;
v. commercial in nature;
vi. impersonates any other person or entity;
vii. offensive;
viii. private information of any third party;
ix. a misrepresentation of your affiliation with us or any third party;
x. financial, legal, medical or other professional advice or
xi. inappropriate.a misrepresentation of your affiliation with us or any third party;
b) As an interactive service provider, we take no responsibility and accept no liability for any content or User Content that is posted on or otherwise communicated to you via the Website by any other user, member or third party.
c) Whilst we take no responsibility and accept no liability for any User Content or other content that may appear on or may be communicated via the Website, we reserve the right to remove, delete, screen, edit and monitor any User Content or content that is contributed to the Website.
4. Warranty
a) You warrant and represent the following to us:
i. that you have full authority to enter into this Agreement;
ii. that if you are under 18 years of age, you have first obtained consent from your parent or guardian to access and use this Website;
iii. that all User Content and any other content posted by you on this Website or communicated by you via this Website is original to you and will not infringe any rights of any third parties, including, but not limited to copyrights and moral rights; and
iv. that no User Content nor any other content posted by you on this Website or communicated by you via this Website is not defamatory;
5. Intellectual Property:
a) Except as expressly set out in these Terms of Use, you do not have any rights, title or interest, including, but not limited to copyright, in or to any of the User Content submitted by other users or other content that has not been provided by you incorporated into the Website, including but not limited to software, images, graphics, photographs, trade marks, film, literary works or artistic works.
b) We are the sole and exclusive owner or licensee of our content and the Website, including, but not limited to visual and/or interactive elements, graphics, design, code, software, reports, copyrights, trade marks, logos, trade names, and other intellectual property rights throughout the world.
c) We grant to you a personal, non-exclusive, revocable, non-transferable, limited licence to access and use the Website only as permitted by these Terms of Use.
d) By submitting any User Content or other content to the Website, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, sublicencable and transferable licence and right to use, distribute, copy, display, modify, translate, edit, exploit and commercialise that User Content and/or content for any purpose and in any media existing now or in the future.
e) You waive all moral rights, that you may have in any content or User Content contributed by you to the Website and consent to any acts or omissions by us or any third party authorized by us that may otherwise infringe your moral rights.
6. Links to Third-Party Websites
From time to time our Website will contain links to third party website which is entirely unrelated to the Website and any access or use by you of those third party websites is subject to the terms and conditions and privacy policies applicable to those third-party websites.
7. Suspension and Termination
a) Without limiting any other remedy that may be available to us, we reserve the right to suspend or terminate your use of the Website without notice if, in our sole discretion, you have breached any of the provisions of these Terms of Use.
b) We may suspend or terminate your use of the Website without notice to you in the event that the whole or any part of the Website is down for maintenance.
c) We may also terminate your use of the Website, without notice, in the event that we discontinue the provision of the Website.
8. DISCLAIMER:
a) You use this Website at your own risk.
b) To the extent permitted at law we exclude all conditions and warranties relating to your use of the Website that are not expressly set out in these Terms of Use
c) Except where specifically set out on the Website, all information and material is provided as general information only and should not be taken or relied upon as advice.
d) We do not make any representations or warranty that any of the information or other content provided on our Website is reliable or accurate or complete and we do not accept any liability arising from errors or omissions
e) Notwithstanding anything in these Terms of Use and to the maximum extent possible at law, we exclude all liability:
i. whatsoever in relation to your use of the WEBSITE or any breach of these Terms of Use;
ii. arising from any cancellation, modification, error or interruption in the WEBSITE or its services, whether caused by us or not;
iii. arising from any defect, corruption, attack, virus, trojan horse, interference, hacking or other security or technical intrusion in connection with the WEBSITE;
9. Liability and Indemnification
a) Notwithstanding anything in these Terms of Use, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from any:
i. your use of the Website;
ii. breach of these Terms of Use by you or your representative; or
iii. use of the Website by you on behalf of any other person or provision of any information to any other person.
b) In no event will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including, but not limited to financial loss and/or loss of profits).
10. Modification of services:
We reserve the right to modify, including but not limited to the right to discontinue, the App and the services provided by the Website.
11. Severability:
In the event that any clause or part of a clause is held to be unenforceable, that clause or part of a clause will be severed and the remaining provisions will remain in full force and effect.
12. Entire Agreement
These Terms of Use constitute the entire agreement between you and us, and do not create any relationship of agency, trust or attorney between any persons.
13. No Waiver
No waiver of any term of these Terms of Use will be effective unless agreed in writing between the parties.
14. Governing Law
These Terms of Use are governed by the laws of New South Wales and you hereby submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use.
