Infinity Celebrancy Wedding Terms and Conditions
Please read the terms carefully. The terms contain important information regarding your legal rights, remedies and obligations and constitutes a binding agreement between Infinity Celebrancy and users of their wedding celebrancy services. The user acknowledges and agrees that, by using or paying for any services from Infinity Celebrancy, the user shall be bound by and comply with the terms. If you do not agree with any of the applicable terms, do not obtain or use the services from Infinity Celebrancy. We encourage you to keep a copy of this agreement for your records.
In these Terms, “we”, “Infinity Celebrancy” and “us” mean A and G Investments (Vic) Pty Ltd as Trustee for the Thorpe Family Trust, trading as Infinity Celebrancy, ABN 93253601965 of 48 Highett Road, Hampton VIC 3188, Australia and “you” or “User” means you the customer or site visitor.
Access to and use of:
a) the Infinity Celebrancy website www.infinitycelebrancy.com.au and
b) the services available through the Sites.
Are subject to the following Terms as may be updated by us from time to time.
1. Acceptance
These are the terms on which Infinity Celebrancy permits Users to access and use the Sites and the wedding services – including:
viewing and downloading reference materials provided by Infinity Celebrancy
You agree to be bound by these Terms by:
using, browsing or accessing any part of the Sites;
registering as a customer through the Sites;
using the Services; or
using any functionality made available through the Sites.
By accepting these Terms you are confirming you are either over the age of 18, or if under 18 that your parent/guardian has consented to your access to the Sites and use of the Services.
We may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Sites and the provision of the Services will be governed by the most recent Terms posted on the Site. By continuing to use the Sites, you agree to be bound by the most recent Terms. It is your responsibility to check the Sites regularly for updated versions of the Terms.
2. The Services
Infinity Celebrancy provides wedding celebrancy services.
The supply and use of the wedding celebrancy services are governed by these Terms.
We reserve the right to change our Services,
We reserve the right to change information immediately without notice to you in the event of any errors or for any other reason.
3. Purchase of the Services
1. The purchase of the Services is subject to:
Payment by the User of the price set out for the wedding service
2. If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct fee for the Services, we reserve the right to adjust the fee so that it is the correct fee for your circumstances.
4. Booking and Fees
The booking fee is $300.00 (except if on a payment plan) and is due within 7 days of booking a date with Infinity Celebrancy. An invoice will be generated on your verbal acceptance and booking of a date for your wedding ceremony.
The remainder is due one month prior to the wedding ceremony date.
The fees may be made by a payment plan that is agreeable to all parties.
An agreement will be formalised between all parties, considering all requirements including preparation and distance from home. This may contain specific conditions associated with the clients specific needs.
Additional costs for booking venues, suppliers and park fees are the responsibility of the client.
5. Refund
In the event of the wedding ceremony being cancelled, the refund policy is as follows:
If Infinity Celebrancy is unable to solemnise the marriage on the arranged wedding ceremony day and is unable to arrange for a substitute celebrant or a substitute date, your Booking Fee will be refunded.
Fees paid (or payable) in respect of visit to the venue and/or travels costs exceeding 120km in a return journey between the celebrant’s base and the place of wedding ceremony are not refundable or waivable.
Other costs may or may not be refundable, as per arrangement.
6. Privacy
Any personal information submitted by you to Infinity Celebrancy is subject to and will be handled in accordance with Infinity Celebrancy’s privacy policy. The Privacy Policy forms part of these Terms.
You agree that, by using the Services, the Sites or communicating with Infinity Celebrancy, you have read the Privacy Policy, understood its contents and consent to its requirements.
Unless otherwise advised, you consent to the use of your ceremony images by Infinity Celebrancy.
7. Disclaimer of warranties and limitation of liability
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Infinity Celebrancy excludes all warranties, whether express or implied, including any warranties or representations concerning the quality, completeness, accuracy, suitability, acceptability or fitness for purpose of the Services or Infinity Celebrancy’s content on the Sites, the availability of the Sites and all links to or from the Sites.
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Infinity Celebrancy excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with reliance of the Services (and any other goods and services of Infinity Celebrancy advertised, accessible or sold on the Sites) or the accuracy, currency or completeness of the Services.
Infinity Celebrancy excludes all liability for any indirect, special, or consequential loss or damage incurred by any user in connection with their reliance on the Services or any actions taken by them based on information obtained through or from our Services or our Sites.
To the extent you are a “consumer” under the Australian Consumer Law you have certain rights that cannot be excluded, and you are entitled to have services replaced if they fail to be of acceptable quality and may be entitled to a refund for a major failure and for compensation for other reasonably foreseeable loss or damage.
In this regard, Infinity Celebrancy may at its sole and absolute discretion limit its liability to supplying the services again or the payment of the cost of having the services supplied again.
Infinity Celebrancy’s maximum aggregate liability under or in connection with the Services, whether in contract, tort (including negligence) or otherwise shall be limited to a sum equal to AUD$500.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
8. Indemnity
You agree to fully indemnify Infinity Celebrancy, its directors, officers, directors, employees, and consultants in respect of all loss, damage, costs, expenses (including reasonable legal fees), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
a. any breach of these Terms by you;
b. your access or use of the Sites; or
c. your use of the Services.
9. Access and communication
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Infinity Celebrancy does not warrant that you will have continuous access to the Sites. Infinity Celebrancy will not be liable in the event that the Sites are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
Infinity Celebrancy does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Infinity Celebrancy does not guarantee the security or confidentiality of these communications or the security of the Sites.
Infinity Celebrancy does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Sites and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
Details contained on the Sites relating to the Services have been prepared in accordance with Australian law and may not satisfy the laws of another country. Infinity Celebrancy does not warrant that:
a. the Services available on the Sites; or
b. the Sites and its content, comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
10. User content
Infinity Celebrancy has the right, but not the obligation, to monitor any information, course content, comment, content, communication, advice, text, or other material made available or posted on Infinity Celebrancy Site. Infinity Celebrancy reserves the right, in its absolute discretion, to block, modify or remove any such User content contained on the Site without notice, and will not be liable in any way for possible consequences of such actions.
You agree to be solely responsible for any User content that you communicate or otherwise provide over the Site. You warrant and represent that any such User content that you communicate or otherwise provide will not violate these Terms or our Privacy Policy.
In using the Sites and Services, you must behave in a civil and respectful manner at all times. Further, you agree not to use the Sites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information; or to impersonate or falsely claim to represent Infinity Celebrancy.
Unless otherwise advised, Infinity Celebrancy reserves the right to use images from your ceremony at their discretion.
11. Code of Conduct
1. In using the Sites you must not:
a. engage in any commercial activity, use any product lists or pricing for the benefit of other merchants, data mine or use other data collection methods;
b. impersonate or falsely claim to represent a person or organisation or otherwise infer or misrepresent the User’s affiliation with a person or entity;
c. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
d. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Sites in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
e. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component; or
f. post private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to that use and disclosure.
2. Infinity Celebrancy provides no warranties and cannot guarantee that any file, program, access or use of the Sites is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Sites you assume all risk in this regard and you release Infinity Celebrancy from all applicable liability and responsibility.
12. Links
The Sites may contain links to other websites, including those of referral service providers or advertising partners. Infinity Celebrancy provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators or the goods, services or content that they describe.
Other web sites which are linked to the Sites (including Facebook, Twitter, Google), are not covered by these Terms, and may have their own Terms and Conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. Infinity Celebrancy is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Infinity Celebrancy is not responsible for and will not be liable in respect of any incorrect link to an external web site.
You are not permitted to frame or link the Sites without the respective site owner’s express written permission.
Infinity Celebrancy is not liable for any suppliers recommended. No commissions are received as a result of the recommendations.
13. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia.
You submit to the exclusive jurisdiction of the courts of the State of Victoria in the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
14. Waiver
Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such a right or remedy in the future or of any other right or remedy.
15. Severability
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
16. Entire Agreement
These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Infinity Celebrancy. Any waiver of any provision of these Terms will be effective only if in writing and signed by a director of AandG Investments (Vic) P/L.
17. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control.
You acknowledge that you have read and understood the terms and agree to be bound by them. You acknowledge and agree that each time you order any services or content from Infinity Celebrancy, or conduct any other transaction in connection with the sites, each such transaction constitutes your agreement and intent to be bound by the terms.