STORE TERMS AND CONDITIONS

Welcome to It's My Wedding Store, an online trading community expressly for the wedding and related industries. These terms and conditions are intended to help keep It's My Wedding a safe place to trade.

Acceptance of terms and conditions: The terms and conditions are the terms on which It's My Wedding offers you access to the Services and the Website. By registering as a member of It's My Wedding you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by It's My Wedding from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

The services: It's My Wedding provides a venue to introduce members who want to buy and sell items. It's My Wedding does not take any part in the sale of items other than by providing our Website as a venue for members. If a sale is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service.

At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that It's My Wedding takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. It's My Wedding gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:

about ownership of any item;

as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;

as to the accuracy or truth of listings;

that any item, or Member Service listed in the Services Category, will meet your requirements or expectations; or

about the ability of members to complete a transaction, including credit card transactions.


Disclaimer: You expressly understand and agree that:

your use of the Services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause, It's My Wedding disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;

where Member Services are offered in the Services Category, It's My Wedding disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;

It's My Wedding does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;

no advice or information that is obtained by you from It's My Wedding or anyone else shall create any warranty by It's My Wedding that is not expressly stated in the terms and conditions; and

responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute It's My Wedding's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

while It's My Wedding may facilitate payment for some items by credit card, It's My Wedding is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.

while It's My Wedding has systems in place to reduce the risk of credit card fraud, It's My Wedding is not responsible for protecting members from credit card fraud. It's My Wedding's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.


Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of It's My Wedding to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. It's My Wedding's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of It's My Wedding's message boards, your sale or attempted sale of an item prohibited under clause, or arising out of any content or item you submit, post, transmit, or make available through the Services.

Breach: Without limiting any other rights and remedies available to It's My Wedding, It's My Wedding may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where It's My Wedding considers it appropriate.

Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, Listing Policies, Job Listing Policies and Member Services Category Policy form part of these terms and conditions

GENERAL RULES

All listings, bids or communications made through It's My Wedding shall be made in good faith.

You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.

You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.

You shall not list your email address, phone number or any other contact detail within the description of listings.

Not withstanding 4.1 above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details.

You must list in Australian dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).

You are responsible for any actions taken through your membership. It's My Wedding memberships are not transferable and therefore can not be sold, leased, lent or traded.


Your obligations as a seller

Sellers must be located in New Zealand or Australia. Sellers outside of these countries are not permitted to sell on It's My Wedding. New Zealand sellers must accept payment into their own domestic New Zealand bank account as one of their available payment options. Sellers should not send items to an address that is outside New Zealand or Australia.

You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.

You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession.

You may only sell or offer services withing the wedding and related industries.

You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause. You agree that It's My Wedding may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time.

Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use It's My Wedding listings to promote a business or website other than one for sale in your listing.

You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.

It's My Wedding reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.

You must promptly forward the listed item to the buyer on completion of the transaction.

You must not charge unreasonable amounts for shipping and packaging costs.

Your obligations as a buyer

You must be located in New Zealand or Australia to buy on It's My Wedding. People outside of these countries are not permitted to purchase items on It's My Wedding.

Your offer to buy is not retractable once the process of payment has been made. Reasonable allowances should be made for postage where applicable.

You must make full and prompt payment for any item you buy.

Attempt to resolve any issue with the Seller first, and to inform It's My Wedding and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.

Return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.

Privacy: It's My Wedding collects personal information about you through your use of the Services and the Website.

We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of It's My Wedding, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact It's My Wedding to ask whether information has been provided to government agencies.

If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, It's My Wedding will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting It's My Wedding or the Disputes Tribunal.