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Acknowledgement and Acceptance of Terms and Conditions
ebridal.com.au web site ("Web Site") is Owned and Operated by eBridal ABN 81 969 687 088
("EBridal.com.au"). By accessing, browsing or using
this Web Site, you agree to these terms, conditions and disclaimers as amended from time
to time ("Terms and Conditions") and acknowledge that you have read and understood
these Terms and Conditions.
By downloading any of the information on this Web Site, purchasing an
item from this Web Site and/or by completing the registration process to become a member
of EBridal.com.au (a "Member"), you expressly agree to be bound by these Terms and
Conditions.
EBridal.com.au may amend these Terms and Conditions from time to
time. Any amendment will be effective immediately upon notice by email, conventional mail
service, or any other means of communication, including notification in this section of this
Web Site. Your continued use of this Web Site after any amendment becomes effective
constitutes an agreement by you to abide and be bound by these Terms and Conditions,
as so amended.
Information You Provide to Us
You agree to:
- provide certain current, complete and accurate information
about yourself as prompted to do so by this Web Site; and
- maintain and update this information as required to keep it
current, complete and accurate.
Any order placed by you with this Web Site must contain your name, email address,
mailing address, credit card name and number, and the expiry date of your credit
card so that EBridal.com.au can process your order.
All information provided by you when you sign up to become a Member or which you provide
when placing an order is referred to in these Terms and Conditions as "User Information".
You should review EBridal.com.au Privacy Statement for further information concerning
the collection and usage of User Information. You grant to EBridal.com.au the right to
disclose aspects of your User Information as expressed in EBridal.com.au's
Privacy Statement. When you provide any
User Information you are representing and warranting that all of the information provided is
true and correct and are agreeing to indemnify EBridal.com.au for any losses, costs, expenses
or damages that EBridal.com.au may suffer if any of this information is not correct. You must
not transmit or attempt to transmit any material of any kind to this Web Site that contains a
virus, malicious computer code or other harmful component or otherwise attempt to alter
any of the content on this Web Site. If any User Information provided by you is incomplete
or inaccurate or you attempt to transmit any material of any kind to this Web Site which contains
a virus, malicious computer code or other harmful component or you otherwise attempt to
alter any of the content of this Web Site, or you are otherwise in breach of these Terms and
Conditions, EBridal.com.au retains the right to terminate your rights to use this Web Site
and to prosecute you to the fullest extent of the law. You acknowledge and consent to the
disclosure by EBridal.com.au to any law enforcement agency in any jurisdiction that is
investigating any breach or suspected breach of any law in any jurisdiction of your identity or
other information provided by you to this Web Site, upon being requested to do so by that
law enforcement agency.
Disclaimer
The information contained on this Web Site is provided by EBridal.com.au in good faith on an
"as is" basis and solely at your own risk. The information is believed to be accurate and current
at the date the information was placed on this Web Site. None of EBridal.com.au, its related
bodies corporate, any of their directors, officers, employees or shareholders makes any
representation or warranty as to the reliability, accuracy or completeness of any of the
information or ideas contained on this Web Site (including in relation to any products or
services) and none of them accept any responsibility arising in any way (including negligence)
for errors in, or omissions from, the information contained on this Web Site. To the fullest extent
permitted by applicable law, EBridal.com.au disclaims all representations and warranties,
express or implied, including but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. EBridal.com.au makes no warranty that this
Web Site, any information or ideas contained on this Web Site or any products or services
advertised on this Web Site will meet your requirements, or that the Web Site will be
uninterrupted, timely, secure or error free. None of EBridal.com.au, its related bodies corporate,
any of their directors, officers, employees, shareholders or any of its Members, while such
Members are participating in Web Site, are engaged in or represent that they are engaged in
rendering any legal, medical, counselling or other professional advice or services. None of
EBridal.com.au, its related bodies corporate, any of their directors, officers, employees or
shareholders shall be responsible or liable (including negligence) for any loss or damage
caused or alleged to be caused, directly or indirectly, as a result of reliance by any person
on any of the information or ideas contained in, or referred to in this Web Site. Independent
professional counselling or advice should be independently obtained for any problem,
situation or occurrence peculiar to you or in relation to which you wish to rely. You expressly
acknowledge and agree that EBridal.com.au does not control other users including Members,
of this Web Site, the providers of information or ideas to this Web Site or the suppliers of goods
and services purchased from this Web Site and EBridal.com.au is therefore not liable for their
opinions or their behaviour, including any information or advice provided by them or any
defamatory statements made by them or any offensive conduct on their part. No advice or
information, whether oral or written, obtained by you from or through this Web Site creates any
warranty not expressly made in these Terms and Conditions. Information on this Web site
(including information relating to products and services) has been prepared in accordance with
Australian law for the supply of information, products and services in Australia only. This
information may not satisfy the laws of any other country. To the extent that it does not satisfy
the laws of the country in which you reside or from which you are accessing this Web Site, it
is not directed at you and cannot be relied upon by you and you are prohibited from ordering
any products or services from this Web Site. If you do, you agree to indemnify EBridal.com.au
for any losses, costs, expenses or damages EBridal.com.au may suffer as a consequence.
Limitation of Liability
None of EBridal.com.au, its related bodies corporate, any of their directors, officers, employees,
or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential
damages (including in negligence), resulting from your use or your inability to use this Web Site;
your reliance on any information or advice contained on this Web Site or for the cost of procuring
substitute products or services or resulting from any products or services purchased or obtained
or messages received or transactions entered into through this Web Site or resulting from
unauthorised access to or alteration of your transmissions or data or of any information contained
on your computer system or on this Web Site, including but not limited to, damages for loss of
profits, use, data or other intangible, even if EBridal.com.au has been advised of the possibility of
such damages. Where any Act of Parliament implies in these Terms and Conditions any term,
condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or
modifying the application of or exercise of, or liability under such term, condition or warranty,
such term, condition or warranty shall be deemed to be included in these Terms and Conditions,
however, the liability of EBridal.com.au for any breach of such term, condition or warranty shall
be limited, at the option of EBridal.com.au, to any one or more of the following:
- if the breach relates to goods:
- the replacement of the goods or supply of equivalent
goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of
acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Membership
You do not need to register as a Member in order to purchase products and services from this Web Site.
Membership is free and does not obligate you to purchase anything. You will however, be responsible
for any tax, duty or similar liability arising from any Membership benefit that you receive or become
entitled to. Membership is non-transferable. You may change your information on an existing
membership account only to update your membership account. EBridal.com.au may terminate your
Membership and any Membership program at any time. You may terminate your Membership by
sending a written notice or an email to
info@ebridal.com.au. Termination of your Membership only becomes effective upon
actual receipt by EBridal.com.au of your notification of termination.
Security
Under accepted codes of conduct operating within the banking industry, your bank cannot hold
you liable for more than $50.00 of fraudulent charges, unless your actions have contributed
to the unauthorised use of your credit card. In the event of unauthorised use of your credit card,
you must notify your credit card provider in accordance with its reporting rules and procedures.
Once you become a Member, you will receive a password. You are entirely responsible if you
do not maintain the confidentiality of your password. Furthermore, you are entirely responsible
for any and all activities, which occur under your email address and password. You agree to
immediately notify EBridal.com.au of any unauthorised use of your email address or any
other breach of security that you become aware of.
Links to Other Web Sites
This site may contain links to web sites maintained by other companies and organisations.
EBridal.com.au does not make any representation as to the accuracy of information contained
on those web sites and will not accept any responsibility for the accuracy, ownership or any
other aspect of the information contained on those web sites. This Web Site may also contain
third party advertisements (including banner ads and referral buttons) that contain embedded
hyperlinks to web sites operated by third parties. All third party advertising is paid for by the
relevant third party advertisers and the placement of third party advertisements on this Web Site
does not constitute a recommendation or endorsement by EBridal.com.au of the products or
services advertised. The third party advertiser is solely responsible to you for any representations
or offers made by it and for the delivery of any goods or services you agree to purchase from
any third party web site.
Copyright and Intellectual Property
All information, text, graphics, software, advertisements, icons, logos, images, video clips and
audio clips on the Web Site ("Content") are the property of EBridal.com.au, its suppliers and/or
licensors unless expressly indicated otherwise on the Web Site. The Content is protected under
Australian and international copyright and trademark laws. You are not permitted to modify,
copy, reproduce, frame, upload to a third party, post, transmit or distribute the Content in any
way except as expressly provided for on the Web Site or expressly authorised in writing by
EBridal.com.au Ltd. You may, using an industry-standard web browser, download and view the
Content for your personal, non-commercial use, or provide the Content to your subscriber if you
are an Internet service and/or access provider. All other use of the Content requires
EBridal.com.au's written consent.
Privacy
All uses of personal information will be in accordance with the provisions of EBridal.com.au's
Privacy Statement.
Third Party Content and Monitoring
As well as publishing its own content, EBridal.com.au also distributes content supplied by third
parties and users of the Web Site. Accordingly, EBridal.com.au has limited or no editorial control
over such content. Any opinions, advice, statements, services, offers or other information or
content expressed or made available by third parties, including information provided by other
users of the Web Site, are those of the respective author(s) or distributor(s) of that information
and not of EBridal.com.au. EBridal.com.au neither endorses nor is responsible for the accuracy
or reliability of any such opinions, advice, information, or statements made on EBridal.com.au.
eBridal.com.au has the right, but not the obligation, to monitor and review the content on the
Web Site and relating to your Membership to determine compliance with these Terms and
Conditions, to satisfy any law, regulation or authorised government request, or for other
purposes. You understand and acknowledge that EBridal.com.au does not monitor third
party content for accuracy or reliability.
Virus Warning
EBridal.com.au does not represent that any information (including any file) obtained from or
through this Web Site is free from computer viruses or other faults or defects. It is your
responsibility to scan any such information for computer viruses. EBridal.com.au will not be
liable to you or to any other person for any loss or damage (whether direct, indirect, consequential
or economic), however caused and whether by negligence or otherwise, which may result
directly or indirectly from any such information. To the extent that any applicable law that cannot
be excluded imposes any liability on EBridal.com.au, that liability shall be limited to the cost of
re-supplying that information.
Termination
Your ability to purchase products and services from this the Web Site may be terminated at any
time by EBridal.com.au without notice. All restrictions, licenses and the like granted by you and
all disclaimers and limitations of liability by EBridal.com.au will survive termination. Should you
object to any of these Terms and Conditions (including any subsequent amendments), you must
immediately discontinue use of this Web site and, if applicable, notify EBridal.com.au and
terminate your Membership.
Release and Indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now
have or may have in the future against EBridal.com.au, its related bodies corporate, directors,
employee, agents and representatives which are connected with, arise out of, relate to or are
incidental to any transaction. You hereby agree to indemnify, defend and hold EBridal.com.au,
its related bodies corporate, directors, employees, agents and representatives harmless from
and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred
by EBridal.com.au, its related bodies corporate, directors, employees, agents and representatives
arising out of or in connection with the performance of its duties as described in these Terms and
Conditions including the legal costs, fees and expenses of defending itself against any claim by
any or all of the parties to any transaction and/or by any other person and/or as a result of you
taking any action or refraining from taking any action or instituting or defending any action or
legal proceeding. You further agree to indemnify and hold EBridal.com.au, its related bodies
corporate, directors, employees, agents and representatives harmless from any claim or
demand, including reasonable legal fees, made by any third party due to or arising out of your
use of this Web Site, the violation of these Terms and Conditions by you, or the infringement
by you, or other user of this Web Site using your Membership, of any intellectual property or
other right of any person or entity.
Participation in Promotions
From time to time, EBridal.com.au will communicate, via email, items that may be of interest
to you as a Member or as a user of this Web Site if you have agreed upon registration or
subsequently to receive such emails. EBridal.com.au may also sell or make available to
advertisers online advertising using the pages of this Web Site. You may enter into correspondence
with or participate in promotions of the advertisers showing their products on this Web Site.
Any such correspondence or promotions, including the delivery of and the payment for goods
and services, and any other terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between the you and the advertiser.
EBridal.com.au assumes no liability, obligation or responsibility for any part of any such
correspondence or promotion. You agree to pay all sales taxes goods and services taxes,
personal property or other governmental tax or levy imposed on goods or services (if any)
that you purchase.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the
State of Western Australia, Australia, and the parties agree to irrevocably submit to the
non-exclusive jurisdiction of the courts of Western Australia and any courts of appeal. If any
provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be
contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and effect. EBridal.com.au's
failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not
constitute a waiver of such right or provision unless acknowledged and agreed to by
EBridal.com.au in writing.
General
The products and services offered for sale by EBridal.com.au are only available to individuals
who can make legally binding contracts. The products and services are not available to
persons under the age of 18 years old and any other persons who are legally prohibited from
entering into binding contracts. Any party engaging in illegal activities involving the use of this
Web Site will be subject to civil and criminal prosecution. EBridal.com.au cannot guarantee
that it will be able to prevent any illegal or inappropriate use of this Web Site, nor can
EBridal.com.au guarantee that it will give advance notice or warning of any illegal or
inappropriate use of this Web Site. |