The following terms and conditions apply for use of the WeddingMarkit website. By using the WeddingMarkit website and choosing to use the services we provide you agree to accept and abide by these terms. If you do not accept these terms and conditions you must stop using the WeddingMarkit website. No advice or information that is obtained by you from us or anyone else shall create any warranty by us that is not expressly stated in these terms and conditions.
We reserve the right to make changes and additions to the website, the services on offer, and these terms and conditions without prior notification. These terms and conditions replace any previous published terms related to the use of the website for reservation.
In these terms and conditions the following expressions are used:
‘WEDDINGMARKIT’ refers to the website but can also refer to WeddingMarkit Ltd.
‘CUSTOMER’ means anyone who is using the WeddingMarkit website, with the exception of the wedding vendors themselves.
‘VENDOR’ refers to a wedding vendor.
‘SERVICES’ means one or more service offerings provided by WeddingMarkit.
‘WE’, ‘US’ and ‘OUR’ are referring to WeddingMarkit Ltd.
‘CUSTOMER’, ‘YOU’ or ‘YOUR’ are referring to you.
‘LISTING’ means a listing of a vendor's services (advertisement) on WeddingMarkit.
‘CONTENT’ refers to any text or images on the website either viewable by the public, or in private member areas of the website.
1.1. Services: We provide a service that puts you in touch with wedding vendors, letting you instantly reserve a vendor's services. If you reserve a vendor's services, you are entering into an agreement with the vendor, not WeddingMarkit. It is up to you to finalize terms or your booking and complete any financial transactions. We provide the forum for the you to reserve the services of a vendor on a specific date, and for the vendor to contact you.
1.2. At your own risk: All transactions carried out between you and a vendor are conducted entirely at your own risk. We make no warranties as to the accuracy of any information on the website or that the vendor is fit for purpose, safe and sanitary, or suitable for your specific needs. We take no responsibility or liability for misrepresentation of properties and/or fraudulent behaviour.
1.3. Accuracy and availability of information: You accept that the website is provided on an “as is” and “as available” basis and your use of the service is at your sole risk. We do not warrant that the services provided will be uninterrupted, timely, secure or error free, or that any information, (including listings, feedback and calendars) provided on the website is error-free or reliable.
1.4. No endorsement: Responsibility for vendor listings on the website rests solely with the vendor related to their service. The placement of these listings does not constitute an endorsement or recommendation by us. Each vendor is solely responsible for any representation made in connection with their listing(s).
1.5. Right to modify or discontinue service: We may modify or discontinue this website, with or without notice to you. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation.
1.4. Liability: We accept no responsibility for information supplied by third parties and, in particular, does not guarantee or warrant the accuracy of, or the fitness for any particular purpose of, or merchantability of, any third party information, product or service available from, or referred to, on this site. We will not be liable for any damages or loss caused by the use of any information on this site.
1.5. 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. Notwithstanding, the limitation of any liability against us shall not exceed the value of the transaction itself.
2.1. Rights to a membership: Anyone over the age of 18 years old can become a member of WeddingMarkit. Registration of membership is conducted by either applying to sign up, or upon reserving a vendor's services. By registering as a member you warrant that you can form a legally binding agreement. You are responsible for any actions taken through your membership. Memberships are non-transferable and cannot be sold, leased, let or traded.
2.2. Termination of membership: We reserve the right to terminate your membership and use of the website if we believe you have violated or acted inconsistently with the letter or spirit of these terms and conditions, violated our rights, the rights of other members or any third party, or for any reason we see fit with or without notice to you. This may include, but not be limited to, removing any reservations you have made with a vendor.
2.3. Accuracy of information supplied: You warrant that you have provided complete, accurate and current personal information when registering as a member. We may phone, email or mail you to verify these details. You must not register as a member or reserve a vendor's services under multiple identities or personas whether false or not.
2.4. Emails and newsletters: We reserve the right to send you emails related to your membership and any transactions you perform through the website. We may also send you periodic electronic marketing materials (e.g. newsletters), which you can opt out of receiving.
3. Rules on Conduct
3.1. Your conduct in using the website: All communications made through the WeddingMarkit platform must be made in good faith. You must not damage, interfere with or harm the website of services, or any network, or underlying system part thereof, or attempt to do so. You must not use a robot, spider, scraper or other automated means of accessing information from the website. You shall not attempt to access secure or non-public areas of the website without appropriate authorization. You shall not deliberately reserve multiple vendors in the same category for the same date in an attempt to secure a date with a vendor. Such behaviour may result in all your reservations being cancelled by WeddingMarkit.
3.2. Posting of any content (including feedback, reviews etc.): You are responsible for any content you provide to us and are responsible for the consequences of your posting such content. By providing any content to us you warrant that you are the legitimate owner of this content and grant us non-exclusive, royalty free use of this content on the website and in any other marketing activities associated with promoting the website. You must not post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it. Any images you upload must be “unmodified”, i.e. not digitally enhanced or modified in any way. This includes the addition of borders, arrows, outlines, logos, text or other enhancements. You shall not list your phone number, email address, name or URL in any posted website content (e.g. feedback, guestbooks etc.). You must not post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others. You must not post content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity. We reserve the sole right to determine what is considered offensive, defamatory or inappropriate language. You must not post sexually-explicit images. You must not post or transmit advertisements, promotional materials, “junk mail,” “spam,” chain letters, pyramid schemes or any other form of solicitation. We reserve the right to edit or remove any content you supply for any reason we deem necessary.
3.3. Posting feedback and review entries: You may only give feedback related to a specific transaction. You must not post feedback about yourself.
3.4. Representation: You must not impersonate another person. You must not misrepresent your affiliation with any person or organization, or claim any endorsement you are not entitled to.
3.5. Non-solicitation: You must not solicit our members via the website for any products or services. Attempts to solicit our members may result in suspension or terminating of your membership at our discretion.
4. Making a Reservation
4.1. Terms of trade: Each vendor is responsible for setting their own Terms & Conditions - not WeddingMarkit. It is up to you to ensure these are made available to you, and that you’ve read and understand them before you proceeding with any reservation. They should include (as a bare minimum) payment terms (what to pay when) and cancellation terms (what you forfeit if you cancel). We will not be held responsible for a vendor's Terms & Conditions that are either not defined, are poorly defined (unworkable) or unfair.
4.2. Cancellations: You should notify the vendor as soon as you know you need to cancel. If you have paid anything to the vendor to book their services, any applicable refund of any of the amount paid will be subject to the vendor's own terms & conditions. Any dispute that may arise from this is solely between you and the vendor.
4.3. Payment: It is the vendor's responsibility to organise payment of the Vendor's services with you. You have the option to cancel your reservation within 10 days of reserving their date, however as soon as any monetary transaction (e.g; deposit or otherwise to complete a booking) is conducted between you and the vendor, the 10-day free cancellation period (or what remains of those 10 days) no longer applies.
4.4. The vendor may cancel your reservation re-list your reserved date, should you fail to make a payment to secure your booking with the vendor within the 10-day specified timeframe.
5. Accounts & Charges
5.1. Charges and GST: All prices are shown in NZD and inclusive of GST (if applicable).
5.3. Overdue accounts: After reserving a vendors services, you are subject to their own terms & conditions. Reserving a vendor's services with WeddingMarkit doesn't guarantee a booking – only payment does in the timeframe outlined by the vendor. If this is overdue, the vendor has the right to cancel your reservation.
6. General Provisions
6.1. System Integrity: We will make all effort to ensure availability of the website and services, subject to any downtime required for routine maintenance and upgrades. However, we take no responsibility for any system unavailability, or for any losses incurred as a result of the website or services being unavailable. Furthermore, WeddingMarkit assumes no responsibility for the corruption of any data or information held by WeddingMarkit.
6.2. Disputes: As WeddingMarkit is not a party to any transaction between you and a vendor, you agree not to involve or attempt to involve WeddingMarkit in any dispute or in the resolution of disputes that arise between you and a vendor as a result of the services provided.
6.3. Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
6.4. Intellectual Property Rights: WeddingMarkit (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons, video and sound recordings) and the software and other material underlying and forming part of the services and the website. You may not without our prior written permission, by any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works for any part of this website; or commercialise, copy, or on-sell any information, or items obtained from any part of this website.