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Site + Service Terms

Getting started

GETTING REGISTERED FOR OUR SITE

To access some Site features and Services, you need to register and give us some information.

  • When you submit your Registration Data and other information to us, you promise us that all information you give us is true, accurate and up to date, and that you will keep it that way.
  • If you’re under 18, you may not create an account.

ACTIVATE YOUR ACCOUNT

Pay, register, and then… you’re invited!

  • When you pay and register for an account with us, we’ll send you an invitation code to your confirmed email address.
  • When you RSVP to our invitation code, you will get access to our Site and the relevant features and functions in your selected Plan.

KEEP YOUR SITE ACCESS DETAILS SECURE.

Keep your password and Site access details secure

  • You’re responsible for all activity on your Site account, whether it is you or someone else.
  • You must promptly let us know if you suspect or know someone has used your account or breached security of our Site

We’ll act to protect our Site

We reserve the right to suspend or terminate your access to our Site, including if:

  • we suspect you are misusing our Services, Content, or Site in any way, or
  • materially breach these Terms and that breach cannot be fixed, or
  • you are no longer an active user of our Site.

Using our Site

ACCESSING AND USING OUR SITE

We lovingly and carefully create our Site

  • We let you use our Site and Services as set out in these Terms and your selected Plan.
  • We’re happy for you to use our Site but only if you use them with our permission as set out in these Terms.
  • Any other uses are not allowed unless we first give you permission in writing.

Be aware when you share

If you use our Site to contact people in your guest list, such as… – To send announcements (such as invitations and ‘save the dates’) and – To share your wedding website …then you are giving that person access to your wedding website and all the information you’ve added there.

Make sure you trust your Guests will use the Site appropriately – you are responsible for the actions of your guests.

Be sensible and careful when you use the Site

  • Content and information on our Site is for general information only. It’s not intended as professional tailored advice. You must make your own assessment about what suits your circumstances.
  • We don’t make any promises about the reliability, accuracy or completeness of Content on our Site. Content might be out of date or incomplete.
  • We do not promise our Site complies with any laws outside Australia. If you access our Site from outside Australia, you do so at your own risk. You are responsible for following the laws that apply where you access our Site.

Security and our systems

We have systems and processes to store and manage information, but in general the internet and our Sites may not be 100% secure.

Site is not for children

Our Site is not intended for children under the age of 13.

BUSINESS USERS

Wedding Professionals, WedSite Friends, and other business use of our Site – When you use our Site and Content, you must not do resell or commercially exploit our Site, Services, or Content in a way that breaches these Terms or your set Plan inclusions – If we reasonably consider that you or your end users are using our Site in a way that is excessive or unreasonable, or in a way that indicates to us you might need to make use of our Enterprise offerings, we might need to suspend or limit your access whilst we investigate the issue. **For example, if we believe you are re-using WedSite Dashboards outside of your selected Plan inclusions, we may require you to upgrade to the next Plan tier and pay the difference.

COMPETITORS: WE’RE FLATTERED YOU STOPPED BY, BUT THIS SITE ISN’T FOR YOU

You must not use our Site, Services, or Content in a way that competes with our business or breaches our IP rights.
– If you want to collaborate with us, would like to license or repurpose our Content for your own use or to use with your own clients, let’s talk (we love working with wonderful people!).

Content and information

PROTECTING PERSONAL INFORMATION

We handle information you give us in line with our Privacy Policy, available at our Site. When you buy our Services, you consent to our collection and use of your information in line with these Terms and our other policies, including for marketing purposes (which you can opt out of at any time).

PROTECTING CONFIDENTIAL INFORMATION

We both agree Confidential Information is commercially sensitive and valuable, so that unauthorised disclosure or use of the other’s Confidential Information could cause significant damage.

  • Confidential Information can only be used for the purposes set out in these Terms (i.e. the purpose of buying, supplying, or marketing our Services).
  • Neither of us can use or disclose the other’s Confidential Information for a purpose not allowed under the Terms without express written consent from the other.

OWNERSHIP OF INTELLECTUAL PROPERTY (IP)

You own your materials

You keep all intellectual property rights that you already held over your materials before you submitted, posted or displayed it on our Site.

  • You grant us a limited license over your materials so we can supply our Services to you.
    • This limited license is a royalty-free, irrevocable, and worldwide license (for as long as your materials are stored with us) to use your materials, including to display, communicate to the public, change (including for technical reasons), reproduce, and distribute your materials.
  • We might need to remove or delete your materials if we need to for reasonable technical, storage, or legal reasons. For example, if you upload photos or other materials that break the law or we receive a serious complaint about, then we may need to remove those materials from your wedding site on our Site.

Our Content

As part of the Services we supply, we may include access to some of our own Content.

  • We own all Intellectual Property rights in our Content or have the legal license to use it.
  • We don’t guarantee a specific type of Content will be available for a set length of time and some Content is only available on a limited or single-use basis.

Your obligations when using our Content

We own all Intellectual Property rights in our Content. We grant you a limited license to use our Intellectual Property in our Content to the extent needed for you to use a Service you buy from us.

  • Unless we give you permission, you must not copy or create derivative, imitative works of our Content or sell or claim ownership to our Content. For example, you can access and customise invitations using our templates for your own personal use or in line with your Pro Plan, but you cannot copy the template and claim you made it or attempt to re-sell the template as your own work.
  • In addition to being annoyed with you, if you misuse our Content, we may take action to protect our rights without further notice to you.

If you have questions or want permission to use Content for commercial purposes, please contact us.

TESTIMONIALS + CONTENT YOU GIVE TO US

If you give feedback in a public forum, you give us permission to use that content and related personal information publicly.

For example, we may take a screenshot of a positive Google review or Instagram story and use that material to promote Joseph Matthew Photography. – If you send private feedback, you give us permission to use that content anonymously on our Sites. We won’t attach private feedback to you by name without getting your permission first. – If you give permission and later change your mind, let us know and we’ll make reasonable efforts to remove it.

Results and expectations

RESULTS FROM OUR SERVICES

Your results depend on many different factors

We cannot and do not guarantee particular event or business outcomes for buying our Services or using our Site.

We can’t promise your RSVPs will be returned on time or that there will be silence during the ceremony. We can’t promise you a happily ever after or blue skies on the day. We can’t promise our Site or Services will iron out every wrinkle for every event.

The success of each event depends on many different factors including: – Your level of skill with technology, your event ideas, the vendors available in your area, – Your ability and willingness to follow and implement tools and features of the Site, – Resources, systems, and helpers you have available, and other factors.

WE USE REASONABLE CARE + SKILL

We use reasonable care and skill to deliver Services to you, however you agree that:

  • We cannot and do not promise our Services or Site will be continuously available or fault free;
  • If things outside our reasonable control impact on our ability to supply the Site or services, you agree we are not responsible for impacts on you as a result; and
  • Our Site and Services and related content are provided in good faith, and you are responsible for your use of our Services and Site. For example, we try to keep updates to times that won’t impact our Clients, however if our Site needs maintenance and this means you can’t access certain features so your announcement is delayed, we’re not responsible for that outcome.
  • You understand that changes in trends, supplier information, vendor availability, back end systems, innovation by other providers, strategic developments in your chosen market and other factors might mean our Services need to change or our Site is not as impactful as intended, despite our best efforts.

General details

CHANGES

Changes to these Terms

From time to time, we may change these Terms, so check them when you visit to make sure you’re still happy with them!

  • Our Site will change often and sometimes we might make changes without notice to you.
  • We do not promise to keep our Site updated, so we’re not responsible if Content or information is inaccurate or out-of-date.

Changes to our Plans and Services

Sometimes we might update pricing or descriptions of our Services or Plans.

  • We might need to refuse or cancel your online orders if our Site information or Services are incorrect. We try to do this within a reasonable time of realising the error.

GENERAL AGREEMENT DETAILS

Transferring this agreement and using subcontractors

Unless we give you permission, you cannot transfer your rights or obligations under this agreement. This is because the Services and Site are personal to you. We may assign, subcontract, or transfer some or all our rights or obligations in this agreement without notice to you.

Survival

Some rights and obligations under our agreement with you remain in force after these Terms expire or end. These include the rights and obligations under the following sections: Paying for Services, Ownership of Intellectual Property (IP), Our Content, Paying for losses + limiting liability, Actions after termination or suspension.

Other general details

  • Invalid parts severed: If a court of law decides one or more parts of our Agreement with you is invalid, only those parts are severed from the Agreement and other parts remain in full force and effect.
  • No waiver: Delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.
  • Force Majeure: Neither party is liable for performance delays or for non-performance due to causes beyond its reasonable control, except for payment obligations.
  • Full agreement: This agreement outlines the full agreement between us for the Services we supply you.
  • Governing law: This Agreement is governed by the laws in force in the State of Victoria, Australia, and the parties agree to submit to that jurisdiction.

DICTIONARY

Capitalised words have the following meanings

  • Client means either DIY Couple, Wedding Professional, Joseph Matthew Photography Friend, or other customer of Joseph Matthew Photography.
  • Confidential Information includes all material, IP, non-public, business-related information disclosed or made available to the receiving party through any means, relating to a party’s business but excludes information that, without breaching this agreement, is already public or known to the receiving party.
  • Content means all tools we create, develop, or use to supply you our Site and Services, which might include one or more of the following: access to videos, written information, audio, lessons, digital products, classes, workshops, training plans, feedback, advice, programs, content on our Site, digital products, eBooks, and / or webinars. Joseph Matthew Photography always retains ownership of all our Content.
  • DIY Couple means one or two individuals that buy a Plan for their own use to plan a wedding.
  • Fees means the charges you pay to us for the Services we provide, as set out in a Plan or as otherwise agreed with you.
  • Guarantee Period means the period during which you can cancel a Service with us and we will refund your purchase price. The period starts from when you purchase a Service and the length is set out on our Site when you buy the relevant Service.
  • Guest means any person who is invited by a Client (or in the case of Wedding Professionals, by your own customers) to access a wedding website.
  • Intellectual Property (IP) means any and all of the following in any jurisdiction throughout the world: software, trademarks and service marks, including all applications and registrations, and goodwill connected with the use of them, patents, copyrights, Site, and internet domain names, including all related applications and registrations, trade secrets and confidential know-how, other intellectual property and related proprietary rights, interests, and protections. Our Content forms part of Joseph Matthew Photography Intellectual Property.
  • Plan means the bundle of Services including Site features, support levels, and other inclusion that we agree to provide you for the stated Fees for a certain amount of time, as set out on our Site.
  • Registration Data means information provided by you in order to register to access certain sections of our Site or for a Site listing, including but not limited to name, date, location, contact details, images, business information, and more.
  • Services means, depending on your selected Plan, creating and maintaining the Site, a wedding website with free hosting, access to our templates, optional password protection, wedding site Guest visitor analytics, ability to link to other websites such as gift registries, various levels of support, RSVP management, paperless invitations, self-help videos, webinars, courses, digital save the dates, and other various wedding planning products and services offered by us from time to time.
  • Site includes our website www.josephmatthewphotography.com, various sections of our website that require paid Fees to access, and our presence on third-party social media platforms like Pinterest, Instagram, Twitter, and Facebook.
  • Site Listing means the potential opportunity for promotion and exposure of business details of a Joseph Matthew Photography Friend business included in our Site business directory or on our apps page.
  • Visitor means a person accessing our Site.
  • Joseph Matthew Photography Friend means a business Client who enters into an agreement with us to be our affiliate partner and promote our Site and Services or to have a Site Listing.
  • Wedding Professional means a business Client who buys a Joseph Matthew Photography for Business Plan for the purpose of organising their own customers’ weddings.

CONTACT US FOR MORE INFORMATION OR TO COLLABORATE

If you have any questions, suggestions, or just want to chat, please feel free to get in touch!