Terms & Conditions
1. About Kisses & Cake Weddings
Kisses & Cake Weddings (606 685 563) (Kisses & Cake, ‘us’ or ‘we’), are wedding and bridal consultants who specialise in helping you plan your wedding by providing online resources (product and service provider reviews, blogs, featured weddings, guides), hosting workshops and webinars and offering private wedding consulting and bridal coaching services (Services). We also operate the website www.kissesandcakes.com.au (the Site).
This page contains the terms and conditions (Terms) upon which we make the Site and Services available to you. Kisses & Cakes may from time to time vary these Terms, without prior notice to you. You should periodically check these terms for changes. These are the current Terms and replace any other terms and conditions of use previously published for the Site or Services.
It is important that you understand these Terms. By accessing or using the site or our Services, you agree to be bound by these Terms.
For the purposes of these Terms, ‘you’ means you, the individual, natural person registering, accessing or using the Site or any other person for whom you are accessing or using the Site on his or her behalf.
a. Product and Supplier Reviews
Kisses & Cake may post product and supplier reviews on the Site or upload your comments in relation to products and suppliers (see also Posted Content in these Terms below).
We are not an agent for these suppliers or providers. Kisses & Cake does not endorse or sponsor any particular product or service and we make no warranty, express or implied as to the accuracy, completeness, fitness, safety, quality, suitability or appropriateness of any such suppliers or products. Any transaction you enter into with a third party supplier is entirely at your own risk. Clause 6(b) applies in respect of liability for third party suppliers. Any issues regarding safety, quality, condition or description of any third party product or supplier should be raised directly with the Supplier by you.
You must satisfy yourself as to the appointment or procurement of any products and suppliers appearing in our Site or referenced in our Services.
b. Use of the Site
You must use the Site and Services for lawful purposes only and you may not use our Site in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Sites.
You are solely responsible for any content and other material including but not limited to information and photos relating to your wedding that you submit, upload, publish or display on the Site or any Facebook, Instagram or other social media Site relating to us, or transmit to other members and/or other Site users (Posted Content), including any consequences that may arise as a result of your Posted Content.
You warrant that you hold all appropriate, rights, licenses or permissions to upload any Posted Content which contains the copyright or intellectual property belonging to a third party (including but not limited to any photographs, films or movies, music, digital media or other designs).
You must not provide your or anyone else’s confidential information including phone numbers, addresses, credit card or financial information as Posted Content.
Crawling, spidering or scraping of the Site is prohibited. You may not provide unauthorised interfaces to any of our applications.
In using our Services and Site or in uploading to any social media Site relating to us you, you warrant and ensure:
· you do not breach any laws;
· any Posted Content is not unlawful or does not promote or encourage illegal activity;
· any Posted Content or your conduct when receiving the benefit of our Services does not embarrass, bully, victimise, harass, intimidate, threaten, impersonate, discriminate, defame or abuse any other person;
· the Posted Content is not unwanted or unsolicited or is in breach of the Spam Act 2003;
· the Posted Content is not false, deceptive or misleading (or is likely to mislead or deceive);
· you do not infringe any other party’s patent rights, trademark(s), copyright or other intellectual property rights.
We may delete any Posted Content that we consider, in our absolute discretion, breaches these Terms or may cause reputational or operational harm to Kisses &Cake.
You shall be liable for and indemnify Kisses & Cake against any and all losses, claims, costs and other liabilities caused or incurred by Kisses & Cake as a result of or in connection with any breach of this clause 2(d) by you.
2. Intellectual Property
We own or are permitted or licensed to use all intellectual property in the Site and our Services.
You may not use any of our intellectual property for any purpose other than as required for the lawful use of the Site or for the sole purpose of receiving the benefit of the Services. Subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes in your location, you may not, in any form or by any means:
(i) adapt, reproduce, broadcast, decompile, disassemble, copy, store, distribute, transmit, print, modify, perform, publish or create derivative works from any part of this Site; or
(ii) put to commercial use any information, products or services obtained from any part of this Site;
without our prior written consent (or the written permission of the author whom copyright is attributed).
All trademarks appearing on the Site are property of their respective owners, including, without limitation, Kisses & Cake. No right, license or interest to such trade marks is granted by these Terms.
While You do not need to obtain our permission to put a text link on your site linking back to the Site, we reserve the right to revoke such consent in which case you shall immediately remove and disable any and all of your links to the Site.
a. Our Liability
The Site and Services are provided on an “as is” basis. Kisses & Cake specifically disclaims any other representation or warranty (express or implied) including any warranty of performance, merchantability or fitness or suitability for any particular purpose.
To the maximum extent permitted by law, we exclude all express and implied representations and warranties which, but for these terms, might apply in relation to your use of the Site and Services. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, including but not limited to loss of income, profits, interest, goodwill, data, contracts, use of money, loss of opportunity or any loss or damages arising from or in any way in respect of a breach of these Terms, whether in tort, statute, contract or otherwise.
To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited in aggregate to $100.
b. Liability of Third Party Suppliers
To the extent permitted by law, Kisses & Cake will not be responsible for, and we exclude, all liability for any loss or damage whatsoever (including personal injury and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) goods or services by any this party supplier.
4. Continuity of service
We aim to provide a service through our Site that is continually available and capable of use. We may however suspend access to the Site at any time and for any reason, including without cause. The most likely reasons why we might suspend access to the Site includes (but shall not be limited to):
· maintaining the Site or changing its features or functionality;
· you don’t use your account for an extended period;
· a breach of these Terms;
· faults, service outages or other technical problems;
· a legal requirement, such as an injunction or due to an investigation by police or other law enforcement agency.
Unless the reason for suspension is unexpected or relates to some wrongful conduct by you, we will endeavour to give you reasonable notice before suspending access to the Site.
We will not have any liability in connection with any suspension access to the Site, regardless of the reason for suspension.
5. No advice
Nothing we do on this Site constitutes any form of specialist advice, whether legal, financial or otherwise. You must seek your own professional advice where appropriate.
Notices to you under these terms will be sent to any email address you provide us. You will be treated as having received any email sent by us instantly upon its sending. You may only give notices to us (which must be in writing) by delivering them personally, or sending them by certified mail, to our registered office.
We may assign or novate any of our rights or obligations under these Terms without your consent.
These Terms will continue to apply even when you are not using the Site and even if you de-register your account.
No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Terms operates as a waiver of the right.
These Terms constitute the entire agreement between you and us in relation to its subject matter.
These terms and conditions must be construed and interpreted in accordance with the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the Courts of that State. Any dispute under these terms must first be attempted to be resolved by mediation, in good faith.
Clauses 2, 3, 4 and 5 of these Terms survive termination.
Last updated 2015