Lace and Cake Terms and Conditions of Use
1. Terms and Conditions information
a. LACE AND CAKE PTY. LTD. ACN: 608 082 542 owns and operates the website and content located at http://www.laceandcake.com.au (the Website).
b. These terms and conditions, as amended from time to time (Terms and Conditions), apply to the publication by Lace and Cake of any material supplied for a Venue Profile Listing submitted by any person or entity (Supplier, you or your) for publication on the website and applies to visitors to the website (User or Users).
c. By Approving your profile on Lace and Cake and providing appropriate payment authority, you agree to be bound by these Terms and Conditions.
d. These Terms and Conditions may change. We will make every effort to inform you when these Terms and Conditions are updated or change. Please read these Terms and Conditions regularly.
e. Part refers 5 to the user terms & conditions. A user is a visitor to the site who is not a Supplier.
f. You agree that you will respond to each enquiry sent via Lace and Cake within 48 hours of receipt of the email. If this is not possible, you will notify Lace and Cake within this 48 hour period.
2. Payment and term
a. The venue profile fees payable to Lace and Cake pursuant to these Terms and Conditions are the quoted rates advised to you. We reserve the right to increase our fees and we will notify you of any fee increases. Fees are inclusive of GST.
b. You agree to place a Venue Profile Listing on the Website for a 12 month period, regardless of payment terms extended. By committing to the Lace and Cake Venue Profile Listing you commit to paying the full annual membership fee at your chosen Membership Level (Basic, Featured or Premium) at the beginning of your 12 month membership.
c. Lace and Cake will provide you with a tax invoice for the fee plus applicable GST when you decide on your membership level. Full payment for the 12 month membership is due within 30 days of the invoice creation date. If your account is overdue we have the right to take your profile offline until we have received all outstanding moneys.
d. If Lace and Cake does not refer one couple who books their wedding within the 12 month membership period, then you reserve the right to request a full refund of your membership fee. To ascertain if a booking has been made, you are required to provide Lace and Cake with the status of each referral which was submitted over the 12 month period. This includes all collected email addresses via the package download option, every direct email received via your contact details on the Website, every direct enquiry submitted via the contact buttons & every enquiry who mentions that they heard about your venue via our Website (either in writing or verbally). The wedding date does not need to be within the 12 month membership period for the referral to be valid. The referral is valid on the date the couple confirms the wedding via a signed contract / deposit to your venue.
e. If Lace and Cake terminates your Venue Profile Listing and you have paid the full 12 month membership fee and are otherwise not in breach of these Terms and Conditions, Lace and Cake will refund you a pro rata portion of the fees applicable to the unused part of the membership.
f. If you cancel your Venue Profile Listing with Lace and Cake and you have paid the 12 month membership fee, you will not be entitled to a refund of any amounts paid in respect of the Venue Profile Listing.
3. Acceptance of material & intellectual property
a. Lace and Cake is under no obligation to accept a Venue Profile Listing (or any part of a Venue Profile Listing) for publication on the Website and is under no obligation to provide reasons for such refusal.
b. Lace and Cake reserves the right at any time, at its sole discretion, to:
- reject or cancel all or part of a Venue Profile Listing; or
- remove all or part of a Venue Profile Listing from the Website.
c. In addition, Lace and Cake shall have the absolute right, without providing any reason, to reject any URL link embodied within the Venue Profile Listing.
d. Images supplied to Lace and Cake for publication on the Website may be published on different pages within the Website, to be determined in Lace and Cake’s sole discretion. By submitting images to Lace and Cake, you agree that you have a right to provide these images and Lace and Cake may use your images anywhere within the Website and on their marketing channels (including social media).
e. You agree that Lace and Cake may source images for your Venue Profile Listing directly from your website, if the images supplied by you are not suitable and you warrant that Lace and Cake is entitled to do so without infringing any intellectual property rights. Such material will be deemed to be submitted or supplied by you for the purpose of these Terms and Conditions.
f. If Lace and Cake receives complaints from Users in relation to a Supplier or a Venue Profile Listing, Lace and Cake may without notice to the Supplier remove the relevant Supplier’s Venue Profile Listing (or the offending part) from the Website immediately and, if you have paid your 12 month membership fee, you agree that you will not be entitled to a refund of any amounts paid in respect of the Venue Profile Listing.
g. Lace and Cake reserves the right to amend, move or reposition your Venue Profile Listing or change the Website at any time, in accordance with your chosen Membership Level. Lace and Cake will use its reasonable endeavours to give you advance notice of any material changes that it makes to the Website.
h. You agree that you must pay all Membership fees even where:
- your Venue Profile Listing (or part of it) is not published due to a breach of these Terms and Conditions by you;
- your Venue Profile Listing (or any part of it) is not published due to your failure to provide sufficient artwork or instructions or you have not updated your own profile;
- the format or placement of the Venue Profile Listing has been varied by Lace and Cake (in accordance with your Membership Level); or
- you believe your Venue Profile Listing has not resulted in the number of enquiries you expected to receive as a result of the Venue Profile Listing on the Website (except where 2.d has occurred).
i. Lace and Cake owns all intellectual property rights in the Website and the Venue Profile Listing, including information, graphics, design and software, except where the Supplier has provided its own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website.
j. You must obtain the permission from the owner of any intellectual property in any third party material incorporated into a Venue Profile Listing prior to submission of the Venue Profile Listing.
4. Privacy information
a. You agree that information and User’s details provided to you by Lace and Cake must be kept confidential and must not be published or distributed to others.
b. Suppliers must comply with their own privacy policies and with all applicable privacy laws in the collection and use of individuals’ personal information collected as a result of an enquiry made to a Supplier through the Website.
5. User information
a. We act as agent for the venue. We do not charge Users for your use of the Website but we may receive payment from the Suppliers for the Venue Profile Listing.
b. In order to make an enquiry the User may be required to provide us with such personal information as we may require including your full name, age, address (suburb only), wedding date and a valid email address.
c. A referred enquiry may result in the Supplier making an offer to the User to provide services. Any offer made by a Supplier in response to an enquiry is made by the Supplier to their Terms. If you accept an offer by a Supplier you will enter into a contract directly with the Supplier and will be bound by their Terms.
6. Warranties and liability
a. You warrant that all material submitted by you for publication on the Website will not:
- contravene any relevant laws, including, without limitation, the Competition and Consumer Act 2010 (Cth), any state-based Fair Trading Act, the Privacy Act 1988 (Cth), or any regulations made under those Acts (including relevant industry regulations, standards of practice or codes of conduct), or any common law in Australia;
- breach or infringe the intellectual property rights of any person;
- be obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
- contain a photograph or representation of a living person unless that person has consented;
- comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
- be misleading or deceptive or likely to mislead or deceive;
- if you are promoting a competition or trade promotion, breach the relevant provisions of the Competition and Consumer Act 2010 (Cth) or other Federal or State legislation relation to competitions or trade promotions, and you further warrant that you have obtained all relevant permits; or
- comprise anything which may adversely reflect on Lace and Cake or the Website.
b. Lace and Cake will be under no liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of:
- goods or services supplied pursuant to these Terms and Conditions;
- any failure or omission on the part of Lace and Cake to comply with its obligations under these Terms and Conditions;
- any negligent act or omission of Lace and Cake;
- the provision by the Supplier to Lace and Cake of incorrect contact details which results in Lace and Cake being unable to forward enquiries received from visitors to the Website to the relevant supplier; or
- any web traffic pop-ups which appear on the Website.
c. Lace and Cake expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of profits, loss of revenue, loss of income, loss of use, loss of business opportunity, loss of production, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with the interruption of the Supplier’s business, howsoever caused.
d. Lace and Cake makes no representation or warranty in relation to the number of Users to the Website except for those representations made expressly in writing by Lace and Cake to the Supplier in relation to actual prior Website visits. Lace and Cake makes no warranty or representation in relation to future User numbers to the Website and any projections provided by Lace and Cake are estimates only. Lace and Cake does not warrant or represent that:
- the Website will be accessible at all times,
- the Website is free from viruses; or
- any information (including hyperlinks) contained on the Website is accurate or suitable.
The Supplier releases, indemnifies and will keep indemnified Lace and Cake, its employees and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against Lace and Cake arising out of:
- a breach of these Terms and Conditions by the Supplier;
- a breach of warranty contained in clause 6a;
- any wilful, unlawful or negligent act or omission of the Supplier;
- the publication by Lace and Cake or any other person of any material supplied by the Supplier; and
- breach by the Supplier of any laws or legal obligations, including the Competition and Consumer Act 2010 and any state-based Fair Trading legislation.
8. Consumer reviews
a. Lace and Cake may maintain a review system on the Website that allows consumers to rate and/or review Suppliers’ venue, products, goods and services and customer service.
b. The Supplier agrees that:
- Lace and Cake will at all times maintain editorial control over the reviews posted on the Website in respect of Supplier;
- the Supplier will not direct Lace and Cake to delete or amend any review about a Supplier or a Supplier’s goods or services;
- the Supplier will not post its own reviews about the Supplier’s own goods or services on the Website; and
- Lace and Cake is not responsible or liable to the Supplier or any third party for any loss or damage caused by such reviews.