The Best Wedding App is owned and operated by The Best Wedding App Pty Ltd (ABN: 53 807 925 086) (‘The Best Wedding App’).
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 The Best Wedding App (‘the Platform’) (‘THE BEST WEDDING APP’) including both the website and applications associated with the Platform.
Please read these terms and conditions carefully. By using The Best Wedding App and its Platform, you agree to comply with and be bound by these terms and conditions as per these terms and conditions.
1. Parties
1.1. These terms and conditions constitute a legally binding agreement between:
(a) Suppliers who use The Best Wedding App to offer their goods and service to Users of the Platform (‘the Suppliers’); and
(b) The parties of a forthcoming planned wedding, who seek the services of the Suppliers (‘the Users’).
(hereafter collectively referred to as “the Platform Members”).
1.2. 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.
2.1. The Platform is an online information technology platform that may be found at the following websites;
• www.thebestweddingapp.com.au;
• www.thebestweddingapp.com.au;
• www.thebestweddingapp.co.nz; and
• www.thebestwedding.co.nz;
and including any mobile, tablet and other smart device applications related to the Platform.
2.2. The Platform allows:
2.2.1. Suppliers provide certain information about the goods and services that they provide (“the Listing”) on the Platform;
2.2.2. The Users use the Platform to consider the offer of the goods and services in the Listing by the Suppliers;
2.2.3. The Users then make a request for the goods and services by the Supplier (“a Request”) in response to the Listing.
2.3. If a Supplier accepts the Request on the Platform for the price negotiated by the parties, then an agreement is created separately between the Supplier and the Users should they wish to do so.
3.1. The Best Wedding App provides the Platform only, enabling Platform Members to publish Listings and make Requests in response to the published Listings.
3.2. The Best Wedding App does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services. Suppliers alone are responsible for their Listings and Services and Users are responsible for their Requests.
3.3. Best Wedding App is not and does not become a party to or other participant of, any contractual relationship between Platform Members.
3.4. The Best Wedding App has no obligation to any Platform Member to assist or involve itself in any dispute between other Platform Members, although may do so to improve Platform Member experience. This is done at The Best Wedding App’s sole discretion but is not responsible for a dispute outcome, or a failure to reach one.
3.5. While the Best Wedding App may assist facilitate the resolution of disputes, the Best Wedding App has no control over and does not guarantee:
3.5.1. The existence, reliability, quality, safety, suitability, or legality of any Listings or Services by the Supplier;
3.5.2. The truth or accuracy of any Listing descriptions, Ratings, Reviews, Requests or other Platform Member’s information placed on the Listing (‘Member Content’); or
3.5.3. 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 Best Wedding App does not endorse any Member, Listing or Services.
3.6. If a Platform Member chooses to use the Platform as a Supplier, the Platform Member’s relationship with the Best Wedding App is limited to that of an independent third-party, and not an employee, agent, joint venturer or partner of the Best Wedding App for any reason.
3.7. 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 Best Wedding App.
3.8. The Best Wedding App 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. However, it may require a Supplier to improve its Listing in line with its brand standards, which are at the discretion of The Best Wedding App.
3.9. 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 use the Platform to advertise or endorse any Services in competition with the Best Wedding App. A Platform Members’ account with the Platform will be immediately terminated if this occurs.
3.10. The Platform may contain links to third-party websites or resources. The Best Wedding App is not responsible or liable for any of the following:
3.10.1. Availability or accuracy of such third-party services; or
3.10.2. The content, products, or services available from such third-party services.
3.11. Links to such third-party services are not an endorsement by the Best Wedding App of such third-party services.
3.12. The Best Wedding App cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. The Best Wedding App may carry out maintenance measures that ensures the proper or improved functioning of the Platform from time to time.
4.1. Registering and creating an account with The Best Wedding App is for any person interested in being a Platform Member.
4.2. To become a member and continue to be a member, you must:
4.2.1. Be at least 18 years old, and able to enter into legally binding Contracts to access and use the Best Wedding App Platform or register to obtain a “the Best Wedding App” Account (‘the Account’);
4.2.2. Register no more than one (1) the Best Wedding App Account unless the Best Wedding App authorises a Platform Member to do so. Platform Members must not assign or otherwise transfer their Account to another party;
4.2.3. Not have been convicted of, or have any pending convictions for, a criminal offence in any jurisdiction; and
4.2.4. For Suppliers, must be a registered business in the country of operation;
4.2.5. For Suppliers, hold an account with the Best Wedding App’s preferred Third Party Payment Provider.
4.3. Platform Members must inform The Best Wedding App 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.
4.4. Platform Members warrant that all information provided by Platform Members to the Best Wedding App 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 Best Wedding App could reasonably require in relation to Platform Membership and use of the Platform, including without limitation a Member’s:
4.4.1. Name;
4.4.2. Date of birth;
4.4.3. Mobile number;
4.4.4. Address;
4.4.5. Email address; and
4.4.6. If you are a Supplier, a copy of your driver’s license for further verification.
4.5. Platform Members must be natural persons, but may specify within their account profile that they represent a business entity.
4.6. Platform Members must indemnify the Best Wedding App for any claim or loss suffered as a result of any information that you provide to the Best Wedding App in relation to this Agreement, your Platform Membership or your use of the Services being incorrect or misleading in any way, whether intentionally or otherwise.
4.7. The Best Wedding App 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:
4.7.1. Completing a verification process;
4.7.2. Meeting specific quality or eligibility criteria;
4.7.3. Meeting Ratings or Reviews thresholds; or
4.7.4. Member’s booking and cancellation history.
4.8. We do not assume any responsibility for the confirmation of any Platform Member’s identity.
4.9. Platform Members are responsible for maintaining the confidentiality and security of their Account credentials and may not disclose credentials to any third-party. If you create an account on the Best Wedding App, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your Account.
4.10. Platform Members must notify the Best Wedding App as soon as reasonably practicable if it becomes knows 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 your Account.
4.11. 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).
4.12. At its absolute discretion, the Best Wedding App may refuse to allow any person to register or create an account with the Best Wedding App or cancel or suspend any existing account.
4.13. All information obtained from Platform Members are subject to our Privacy Policy, found at https://www.thebestweddingapp.com/privacy-policy
5.1. Platform Members are solely responsible for all Member Content that is made available on or through the Platform. Accordingly, you represent and warrant that:
5.1.1. You are the sole and exclusive owner of all Member Content that you make available on or through the Platform; or
5.1.2. You have all rights, licenses, consents and releases that are necessary to grant to the Best Wedding App the rights in and to such Member Content, as contemplated under these Terms; and
5.1.3. Neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or the Best Wedding App’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.
5.2. The Best Wedding App 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.
5.3. 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 Listing prior to submission of the Listing.
5.4. You grant us a world-wide, royalty free, irrevocable licence to publish, and to sub-licence the publication of, all material submitted to the Best Wedding App as part of the Listing in any form or medium, including print, online or otherwise. You warrant that you are authorised to grant the licence in this clause.
6.1. 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 as per the terms you initially signed up (for example, yearly contracts roll over to yearly and monthly contract roll over to monthly). Until such time when the Supplier or The Best Wedding App terminates the Agreement in accordance with this provision.
6.2. All payments requiring paid by the Supplier for its use of the Platform (‘the Fees’) will be in Australian Dollars (AUD) by default, through either its Third Party Payment Provider, or by bank deposit.
6.3. The Best Wedding App will collect the Fees in the manner agreed between the Supplier and the Best Wedding App via the Platform.
6.4. The Best Wedding App 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.
6.5. If the Supplier selects a payment processing method that uses a third party to process the payment, then the Best Wedding App does not process the transaction. Rather, where you receive an invoice through the assistance of a Third Party Payment Provider such as Stripe (‘TPPP’), you acknowledge that you have read over those TPPP terms and conditions thoroughly. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. We accept no responsibility for your use of any TPPP. You agree to keep their information including their email address and payment details up to date so that the TPPP and we can process payment and contact you as needed in connection with the provision of the payment.
6.6. If the Best Wedding App is unable to process payment, it reserves the right to suspend or cancel the Supplier’s subscription until such amount is paid.
6.7. The Best Wedding App is not responsible for any loss suffered by any Platform Member as a result of incorrect payment Method(s) provided by Platform Members.
6.8. To the extent permitted by law, all Fees and charges payable to the Best Wedding App are non-cancellable and non-refundable.
7.1. When you post your Listing, you as the Supplier, are confirming that:
i. you only offer Listings for goods and services you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of the goods and services;
ii. you are and remain the main Supplier of the goods and services subject of the Listing;
8.1. Users and Suppliers can leave a public review (“Review”) and submit a star rating (“Rating”) after the provision of the Supplier’s Goods or Services.
8.2. Ratings or Reviews reflect the opinions of individual Platform Members and do not reflect the opinion of the Best Wedding App.
8.3. Ratings and Reviews submitted by Users and Suppliers must be accurate and may not contain any offensive or defamatory language.
8.4. Ratings and Reviews are not verified by the Best Wedding App and the Best Wedding App does not retain any responsibility for accuracy.
8.5. The Reviews are the property of the Best Wedding App and must not be used by the Suppliers anywhere other than on the Platform.
8.6. Platform Members are prohibited from manipulating Ratings and Reviews system in any manner, such as the use of third-parties.
8.7. Ratings and Reviews are visible on a Member’s public profile and may also be used elsewhere in connection with the Platform.
9.1. Suppliers are solely responsible for determining their obligations to report, collect, remit or include in Booking Fees any applicable GST or income taxes (“Taxes”).
9.2. The Fee is inclusive of any Goods and Services Tax that may apply.
10.1. The Best Wedding App reserves the right to amend these Terms, together with the Privacy Policy and the Fee Schedule at any time in accordance with this provision.
10.2. In the event that amendments are made to these Terms, the Best Wedding App will notify Platform Members in advance of any changes becoming effective by notice posted on the Best Wedding App Platform.
11.1. Suppliers may terminate this agreement at any time after the first twelve (12) month period by communicating with The Best Wedding App via phone or 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.
11.2. The Best Wedding App may immediately, without notice, terminate this agreement and/or stop providing access to the Platform if:
11.2.1. A Member has materially breached their obligations under these Terms, or The Best Wedding App’s Policies;
11.2.2. A Member has violated applicable laws, regulations or third-party rights; or
11.2.3. 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.
11.2.4. The Best Wedding App believes in good faith that such action is reasonably necessary to protect the personal safety or property of The Best Wedding App, its Platform Members, or third-parties.
11.3. The Best Wedding App may take any of the following measures:
11.3.1. Compliance with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body;
11.3.2. A Platform Member has breached these Terms, our Policies, applicable laws, regulations, or third-party rights;
11.3.3. A Platform Member has provided inaccurate, fraudulent, outdated or incomplete information during the Best Wedding App Account Registration, Listing process or thereafter;
11.3.4. A Platform Member has repeatedly received poor Ratings or Reviews or the Best Wedding App otherwise becomes aware of or has received complaints about performance or conduct;
11.3.5. A Platform Member has repeatedly cancelled confirmed bookings or failed to respond to Requests without a valid reason; or
11.3.6. The Best Wedding App believes in good faith that such action is reasonably necessary to protect the personal safety or property of the Best Wedding App, its Platform Members, or third-parties, or to prevent fraud or other illegal activity.
11.4. The Best Wedding App may:
11.4.1. Refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
11.4.2. Limit access to or use of the Best Wedding App Platform;
11.4.3. Temporarily or in case of severe or repeated offenses permanently suspend any Account and stop providing access to the Best Wedding App Platform.
11.5. In case of non-material breaches and where appropriate, Platform Members will be given notice of any intended measure by the Best Wedding App and an opportunity to resolve the issue to the Best Wedding App’s reasonable satisfaction.
11.6. When this agreement has been terminated, Platform Members are not entitled to a restoration of their Account or any of their Member Content.
11.7. If access to or use of the Best Wedding App Platform has been limited or the Best Wedding App Account has been suspended or this Agreement has been terminated by the Best Wedding App, Platform Members may not register a new Account or access and use the Best Wedding App Platform through an Account of another Platform Member.
12.1. You agree that your use of the Platform or associated services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. The Best Wedding App expressly disclaim 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 your 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. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Platform is done at your own discretion and risk and that you will be solely responsible for any damage to your 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 you from us or through the Platform shall create any warranty not expressly made herein.
12.2. The scope and duration of this warranty will be the minimum permitted by law.
12.3. You agree that you have had the opportunity to investigate the Best Wedding App Platform, its Services, laws, rules, or regulations that may be applicable to Your Listings that the Platform assists you in placing on the Platform, and you are not relying upon any statement of law or fact made by the Best Wedding App relating to a Listing.
13.1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform and Content, your publishing of any Listing via the Best Wedding App Platform, your provision of a Request, participation in any other activity relating to the Platform, or any other interaction you have with other Platform Members whether in person or online remains with you.
13.2. Neither the Best Wedding App nor any other party involved in creating, producing, or delivering the Best Wedding App 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:
13.2.1. These Terms;
13.2.2. From the use of or inability to use the Best Wedding App Platform or Content;
13.2.3. From any communications, interactions or meetings with other Platform Members or other persons with whom You communicate, interact or meet with as a result of your use of the Best Wedding App Platform; or
13.2.4. From your publishing or booking of a Listing, 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 Best Wedding App has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
13.3. In no event will the Best Wedding App’s aggregate liability arising out of or in connection with these Terms and your use of the Platform including but not limited to:
13.3.1. From your publishing or booking of any Listings via the Platform; or
13.3.2. From the use of or inability to use the Best Wedding App Platform or Content; or
13.3.3. From a connection with a User via any agreement; or
13.3.4. From general interactions with any other Platform Members,
Will, for Suppliers, exceed the amounts you have paid the Best Wedding App in the twelve (12) month period prior to the event giving rise to the liability; or for Users, one hundred Australian dollars (AUD$100), if no such payments have been made, as applicable.
13.4. We perform regular backups of the Platform however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your 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.
14.1. To the maximum extent permitted by applicable law, you agree to release, defend (at the Best Wedding App’s option), indemnify, and hold the Best Wedding App and the Best Wedding App 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:
14.1.1. Your breach of these Terms or our Policies or Standards;
14.1.2. Your improper use of the Best Wedding App Platform;
14.1.3. Your interaction with any Member;
14.1.4. Your 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;
14.1.5. Your breach of any laws, regulations or third-party rights.
14.1.6. Any indemnities or liabilities within these Terms will be reduced proportionately to the extent the liability was caused by our negligence.
15.1. The Best Wedding App welcomes and encourages Platform Members to provide feedback, comments and suggestions for improvements to The Best Wedding App Platform (“Feedback“).
15.2. Platform Members may submit Feedback via email, through the Support section of the Best Wedding App Platform, or by other means of communication.
15.3. Any Feedback submitted to The Best Wedding App will be considered non-confidential and non-proprietary the submitting Platform Member.
These Terms will be governed by the laws of Victoria, Australia. If there is a dispute between you and The Best Wedding App that results in litigation then you must submit to the jurisdiction of the courts of Victoria, Australia. In the event that any of these Terms are found to be unenforceable under Victoria, Australia, this will not affect the remainder of these Terms.
You agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy.
18.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between the Best Wedding App and You pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between the Best Wedding App and You in relation to the access to and use of the Platform.
18.2. No joint venture, partnership, employment, or agency relationship exists between you and the Best Wedding App as a result of this Agreement or Your use of the Platform.
18.3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
18.4. 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.
18.5. The Best Wedding App’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.
18.6. 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.
18.7. You may not assign, transfer or delegate this Agreement and Your rights and obligations hereunder without The Best Wedding App’s prior written consent.
18.8. The Best Wedding App 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.
18.9. Your right to terminate this Agreement at any time remains unaffected.
18.10. If you have any questions about these Terms please email us: support@thebestweddingapp.com
