Terms and Conditions for Promotional Services
1.1 This website www.thebridesavenue.com.au (Website) is owned and operated by The Bride’s Avenue.
1.3 Please read these Terms and Conditions carefully before placing your Order with the Website as they contain important information about the services provided, including limitations of liability.
1.4 If You do not agree to any Terms and Conditions, You must not place an Order.
1.5 The Bride’s Avenue reserves the right to amend the Terms and Conditions from time to time in its sole discretion and, by placing an Order at any time, You acknowledge that You have read, understood and agree to be bound by the current Terms and Conditions in use at that time.
1.6 If You do not understand any of the Terms and Conditions, or if You have any questions, please contact The Bride’s Avenue at: PO Box 7122, Dubbo Grove, NSW, 2830 or via email to firstname.lastname@example.org
2. Definitions and Interpretation
In these Terms and Conditions, the following words have the following meaning:
Confidential Information means information regarding the Price paid by You or any discount provided to You as well any information We advise You is confidential or that You advise us is confidential
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Media Channels means the online and other social media operated or used by The Bride’s Avenue from time to time including without limitation Facebook, Pinterest and Instagram as well as any newsletter or other service offered by The Bride’s Avenue to the public from time to time.
Order means a request by you to purchase Promotion Services for a fixed term of 12 months from The Bride’s Avenue in accordance with these Terms and Conditions.
Price means the purchase price of the Promotion Services as agreed with you (including GST).
Promotion Services means the promotion of You or Your product from time to time by listing You or Your product on the Website and featuring You or Your product in the Media Channels operated by The Bride’s Avenue from time to time.
The Bride’s Avenue means Sarah Bain trading as The Bride’s Avenue (ABN 43 548 538 720).
Website means this website – www.thebridesavenue.com.au.
We or Us or Our or The Bride’s Avenue means any of The Bride’s Avenue, it employees, independent contractors or agents.
You or Your means you as the purchaser of Promotion Services from The Bride’s Avenue pursuant to these Terms and Conditions.
In this Agreement unless the contrary intention appears:
(a) a reference to these Terms and Conditions or another instrument includes any variation or replacement of either of them;
(b) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re‑enactments or replacements of any of them;
(c) the singular includes the plural and vice versa;
(d) the word person includes a firm, a body corporate, an unincorporated association or an authority;
(e) a reference to a person includes a reference to the person's executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and assigns;
(f) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive to that day; and
(g) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.
3. Placing Orders for Promotion Services
3.1 You may place an Order to purchase Promotion Services for a fixed 12 month period through the Website by submitting the electronic business submission form on the Website or emailing email@example.com.
3.2 In completing the electronic business submission and order form, You agree to provide complete and accurate information as to the details entered to enable the processing and provision of your Order.
3.3 Once You submit Your Order, cancellations of Your Order cannot be made and a refund will not be provided (unless changes to the Order are made by agreement with The Bride’s Avenue and any cancellations are otherwise in accordance with these Terms and Conditions), however you can request that the Promotion Services not be provided in which case You or Your product will not feature on the Website or the Media Channels.
3.4 Where You place consecutive or separate Orders for Promotion Services, separate contracts will be formed in respect of each Order. We cannot consolidate Orders into one.
3.5 You will be provided with an automatic Order/Invoice number upon submission of Your Order to the Website. The Order/Invoice number and/or business name is required when contacting The Bride’s Avenue in relation to your Order.
3.6 You agree to make your own enquiries to verify information provided and to assess the suitability of Promotion Services before you Order the Promotion Services.
4. Acceptance and rejection of Orders
4.1 Orders placed by you are offers to purchase Promotion Services for a fixed 12 month period on these Terms and Conditions at the Price specified at the time you submit your Order unless prior cancelled by The Bride’s Avenue.
4.2 When we accept an Order, it represents an agreement by The Bride’s Avenue to supply you with the Promotion Services for a fixed 12 month period in accordance with the Order and these Terms and Conditions.
4.3 To the extent permitted by law, The Bride’s Avenue reserves the right to accept or reject your Order for any reason (or no reason) at any time including, but not limited to an error in the Price, an error in your Order or the discontinuance of a promotion or business continuance.
4.4 In the event that The Bride’s Avenue rejects an Order under the above clause, We will notify you of that rejection and the reason for rejection via email. The Bride’s Avenue will not be liable to You for Your loss or that of any third party for the rejection of an Order.
4.5 If We are unable to contact You in relation to Your Order under these Terms and Conditions using the contact details You provide during the Order process after having made reasonable attempts to contact You, We will reject the Order and We will notify You of that rejection via phone or email. The Bride’s Avenue will not be liable to You for Your loss (including any consequential, direct or indirect loss) or that of any third party for the rejection of an Order.
5. Price and Payment
5.1 Unless otherwise stated, all Prices and other charges quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (GST). GST will be provided at checkout.
5.2 The Bride’s Avenue reserves the right to change or alter Prices of Promotion Services for any reason and without notice to You, unless You have already submitted an Order at a stipulated Price and that Order has been accepted by us.
5.3 You will receive a tax Invoice from Paypal via email which outlines the payment recieved in respect of your Order.
5.4 In respect of any Order, we will charge You and You agree to pay the Price (which is the Price at the time the Order is submitted) and GST within 14 days of receiving a tax invoice.
5.5 You can pay for the Promotion Services by via PayPal, which includes a credit card payment option.
5.6 You acknowledge and agree that any payment in respect of an Order must be cleared by The Bride’s Avenue to its satisfaction before Promotion Services which are the subject of an Order are provided. If your payment cannot be processed, Your Order will be rejected in accordance with these Terms and Conditions and You will be notified of this.
5.7 In ordering, paying or attempting to pay for the Promotion Services, You agree that You have not engaged in any fraudulent conduct or contravened any law.
6. Order cancellations
6.1 Unless provided for under these Terms and Conditions, no cancellations will be accepted, or refunds provided once the Price has been paid and the Order has been accepted by Us. You will, however, be able to ask at any time that You and Your product cease to appear on the Website or on the Media Channels.
6.2 Any cancellations of subscription payments before the initial 12 month period will result in You paying out the remainder of your subscription fee.
7. Promotions and Discounts
7.1 The Bride’s Avenue may run temporary promotions and offer discounts on Promotion Services. Such promotions and discounts will be subject to additional terms and conditions (as specified with the offer) which may amend these Terms and Conditions. In the event that You do not comply with the terms of any promotion or discount offered, You will not be entitled to the promotion or discount and must immediately repay any amount in respect of such promotion or discount that has been credited to You in advance. You should therefore read any discount or promotion terms and conditions carefully.
7.2 All times and dates specified in promotions are deemed to be the local time in Sydney, Australia, unless otherwise stated.
8. Promotion Services
8.1 The Promotion Services will include You or Your product being listed on the Website for a 12 month period. Any additional Promotion Services to be provided to You will be agreed with You in writing. Unless otherwise agreed in writing, The Bride’s Avenue makes no representations or warranties as to where, when and how often You or Your product will be featured on The Bride’s Avenue’s Media Channels or the manner in which You or Your product will appear on the Website or The Bride’s Avenue Media Channels, including without limitation:
(a) the layout, design or placement of any advertising or other material;
(b) whether You or Your product will appear in one or more of The Bridal Avenue’s Media Channels at the same time or at all; and
(c) the category and region under which You or Your product is listed on the Website.
8.2 You may from time to time be invited to submit material to The Bride’s Avenue or participate in promotional opportunities including without limitation photo shoots, networking events and open days. However, unless otherwise agreed in writing, your participation in such events is not guaranteed and the publication of such material is at the discretion of The Bride’s Avenue.
9. Confidential Information
9.1 Both You and The Bride’s Avenue agree to keep the Confidential Information of the other party confidential.
9.2 Both You and The Bride’s Avenue must:
(a) not disclose any Confidential Information of the other party to anyone else except as permitted under these Terms and Conditions;
(b) limit the disclosure of the Confidential Information within its own organisation or to those of its officers and employees to whom such disclosure is strictly necessary;
9.3 The obligations of confidentiality in this clause will not apply to information which:
(a) is generally available in the public domain except where it is as a result of a breach of these Terms and Conditions by a party;
(b) was known prior to the disclosure of the information by the other party; or
(c) is required to be disclosed by an applicable law or court order.
9.4 The obligations imposed under this clause will survive the termination of these Terms and Conditions.
10. Intellectual property
10.1 Both You and The Bride’s Avenue acknowledge that the other party’s Intellectual Property (including Intellectual Property which is licensed to either party) is extremely important and valuable and is the property of the owning party.
10.2 Both You and The Bride’s Avenue acknowledge that it has no right, title or interest in or to the Intellectual Property of the other party but The Bride’s Avenue is permitted to use Your Intellectual Property for the purposes of providing the Promotion Services.
10.3 Neither You nor The Bride’s Avenue party shall otherwise use the Intellectual Property of the other party without prior written consent.
11.1 You represent and warrant that:
(a) all information and data provided by You to us is true, accurate, complete and up to date, and (where relevant) You have obtained the required consents to provide the information and data to us;
(b) in placing your Order, you have read, understood and agreed to these Terms and Conditions; and
(c) you have complied with all laws including those dealing with Intellectual Property;
(d) You have full power, capacity and authority to enter into these Terms and Conditions; and
(e) agreeing to these Terms and Conditions will not cause You to be in breach of any other agreement.
12. Exclusion and limitation of liability
12.1 The Bride’s Avenue does not give any representation or warranty that the Promotion Services will generate any visits to Your website, generate revenue for You, win You any business or generate any sales.
12.2 The Website may be accessed throughout Australia and overseas. The Bride’s Avenue makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia.
12.3 Despite any other term and to the maximum extent permitted by law, The Bride’s Avenue will not bear any liability to You for consequential loss including loss of profits, loss of business opportunities or loss of goodwill howsoever arising (including in negligence).
12.4 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.
12.5 You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that We have no responsibility for the legality of your actions.
12.6 Without limiting the foregoing, to the extent permitted by law, We limit our liability in respect of any claim to, at Our option:
(a) to the supply of the Promotion Services again; or
(b) the payment of the cost of having the Promotion Services supplied again.
13.1 You will at all times indemnify Us, and keep Us indemnified against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by Us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms and Conditions including without limitation the warranties provided by You.
14.1 The obligations regarding Confidential Information and Intellectual Property and the exclusions and limitations of liability made by Us in these Terms and Condition will survive termination of these Terms and Conditions.
15.1 The Bride’s Avenue may in its sole discretion amend these Terms and Conditions at any time. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with The Bride’s Avenue with respect to that Order.
15.2 The Bride’s Avenue may give notice to you by electronic mail. You may give notice to The Bride’s Avenue by electronic mail to firstname.lastname@example.org.
15.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
15.4 A failure or delay by The Bride’s Avenue to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by The Bride’s Avenue does not preclude its future exercise or the exercise of any power or right by or on behalf of The Bride’s Avenue.
15.5 If a provision of these Terms and Conditions is declared or determined by any court to be void, invalid or unenforceable at law, that provision is hereby severed from and deemed not to be part of these Terms and Conditions, and the remaining provisions will continue to apply with such deletions or modifications as necessary to make them valid, effective and enforceable. Removal of any provision of these Terms and Conditions will not affect the validity of what remains.
15.6 Nothing contained or implied in these Terms and Conditions creates a relationship partnership, employment, agency or trust. Neither party has the authority to bind the other party in any way.
15.7 These Terms and Conditions are governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from these Terms and Conditions are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.