TERMS AND CONDITIONS
- Welcome to our website http://whiterapture.com.au/ (‘Site’) which is owned and operated by White Rapture Pty Ltd ACN 605 589 624 (‘White Rapture, we, us’).
- This Site gives you an opportunity to read articles on wedding planning and styling as well as browse and purchase our wedding planning services (‘Services’).
- These Terms and Conditions (‘Terms’) govern your use of this Site and/or the Services and form a binding contractual agreement between you and us.
- These Terms are important and you should ensure that you read them carefully. Please contact White Rapture via our Contact Form if you have any questions before engaging our Services.
- White Rapture’s Services and the content contained on our Site are intended for people aged eighteen (18) and over.
ACCEPTANCE OF TERMS
- By visiting this Site and/or accessing, downloading or using the Services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
- We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Siteand/or the Services will constitute your acceptance of any changes.
REGISTERING YOUR DETAILS, PRIVACY AND THE SERVICES
- In order to access the Services, you may be required to provide details such as your name, email address, telephone number, physical address, payment details, and other personal information (‘Registration Details’).
- You must provide accurate, complete and up-to-date Registration Details, and it is your responsibility to inform us of any changes to your Registration Details.
- Access to some of our Services, will require you to register for an account (‘Account’).
- If you register an Account, you acknowledge and agree that:
- You are solely responsible for the protection and confidentiality of your details, including any password or user identification that may be issued to or subscribed for by you (‘Password’);
- You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
- You will immediately take the steps necessary to update your Password if it is lost or becomes known to any other person; and
- You are solely responsible and liable for all activity on your Account, including any purchases made with your Account details.
- Access to some of our Services will require you to enter into a separate contract with us which will set out the obligations of both parties in the context of delivery of that particular Service in greater detail than that found in these Terms (‘Contract’). White Rapture will notify you in writing prior to purchase whether such a Contract will be a condition of sale. If you are notified that such a Contract is a condition of sale, execution of a Contract, in addition to the process of your payment, is required in order for your request for delivery of that particular Service to be deemed accepted by us. In those circumstances where a Contract has been executed, you will be bound by both these Terms and the conditions under the Contract. In the event of an inconsistency between a provision in the Contract and a provision in these Terms, the provision outlined in the Contract will supersede the provision outlined in these Terms.
- Any of our Services that you purchase are provided to you for your exclusive non-commercial personal use only. You will not let any third party use your Account or access any of the materials provided to you by us in the course of delivery of the Services without our prior written permission. We reserve the right to immediately terminate and cease delivery of our Services, without refund, if we determine you are in violation of this provision.
- We reserve the right to refuse service to any request without the obligation to assign reason for doing so. No request for delivery of our Services is deemed accepted by us until payment has been processed.
- White Rapture agrees to deliver our Services diligently, efficiently and professionally.
- You may request in writing for the delivery of additional Services from us. It is at our sole discretion as to whether we will accept or deny such a request. In the event that we do accept, White Rapture will issue a proposal detailing the scope of work, along with the fee for such additional Services. Payment of this fee (along with, in some circumstances, execution of a Contract) is required prior to White Rapture commencing the delivery of such additional Services.
- Your Account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Site or Services, violate any laws in your jurisdiction.
- We may at any time change or discontinue any feature of the Services (‘Service Amendment’). Such changes will apply to you for any Services you purchase after the date any Service Amendment is posted on our Site or provided to you (whichever is earlier).
COPYRIGHT AND TRADE MARK NOTICES
- All material: (a) on this Site or otherwise delivered by us including (but not limited to) content, text, graphics, information architecture and coding; and (b) provided to you by us in the course of delivery of the Services; (‘Materials’); are subject to copyright. White Rapture owns all intellectual property rights, including copyright, which subsist in the Materials (or in those instances where rights in Materials are owned by third parties, has requisite authorisation from the relevant parties for their use). While you may browse, download or print the Materials for your own non-commercial personal use, you must obtain our prior written permission if you would like to copy or reproduce it. Modification, dissemination or exploitation of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. We reserve the right to immediately terminate your use of the Site and/or cease delivery of our Services, without refund, if we determine you are in violation of this provision.
- You acknowledge that:
- You do not acquire any ownership of intellectual property rights, including any rights to copyright, by using the Site, Services or the Materials; and
- Nothing in these Terms constitutes a transfer of such rights to you.
- The trade marks, logos, and service marks displayed on our Site or the Materials are the registered or unregistered trademarks of White Rapture. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to White Rapture, in any manner that is likely to cause confusion with customers, or in any manner that disparages White Rapture.
- Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
- You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that White Rapture will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
RIGHT TO TERMINATE
- We reserve the right to immediately terminate your use of the Site or our Services generally if you breach these Terms, as determined by us in our sole discretion.
- Upon termination, you acknowledge and agree that:
- To the extent permitted by law, any payments made by you for our Services will not be refunded;
- You must pay for any Services provided prior to termination, including any time spent and work completed which you have not yet been invoiced for; and
- You will promptly return (where possible) to White Rapture, or delete or destroy (where not possible to return), all Materials which have been provided to you by us or you have accessed via the Site.
- The accrued rights, obligations and remedies of the parties are not affected by the termination of a use of the Site or our Services.
PAYMENTS, CANCELLATIONS & REFUNDS
- You agree to pay us the fee for the Services that you have requested, as is set out on the Site or, in the case of additional Services, as described in Clause 17, in your tailored proposal. All amounts listed on the Site are in Australian dollars and subject to Goods and Services Tax (‘GST’) as that term is defined under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Payment options may differ between Services (as indicated on the Site).
- For Services where payment of the full fee is required upfront, White Rapture will not commence the delivery of such Services until payment has been processed.
- For Services where you have the ability to make payment across a number of installments, White Rapture will not commence the delivery of such Services until payment of the first installment has been processed.
- In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our Services.
- Some of our payments are operated through an online and automated billing system (‘Online Payment’). Where your payments are made via Online Payment:
- You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates; and
- If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
- Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
- We reserve the right to suspend or terminate any Services, at our discretion, if payment is defaulted.
- We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
- We reserve the right to inform credit watch monitoring services of ongoing default trends or payment-avoiding strategies employed where we deem it is appropriate.
- We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan please contact us in writing.
- You may cancel a Service at any time prior to its final delivery. Notice of any such cancellation must be made in writing to us. You acknowledge and agree that, to the extent permitted by law, any payments made by you for the Service will not be refunded. In this instance, we shall invoice you for the time spent and work completed to date and you accept that you are obligated to pay all invoices for services rendered. For the avoidance of doubt, upon cancellation, White Rapture is released from it obligations to deliver any aspect of the Service. The accrued rights, obligations and remedies of the parties under these Terms will not be affected by such a cancellation.
- White Rapture may cancel a Service at any time prior to its final delivery to you if circumstances beyond our reasonable control have the effect of compromising our ability to fulfill our obligations within the required timeframe. In this instance any refund requests will be assessed on a case-by-case basis and when genuine value has not been received or is not able to be received, refunds may be granted at the discretion of White Rapture. For the avoidance of doubt, upon cancellation, White Rapture is released from it obligations to deliver any aspect of the Service. The accrued rights, obligations and remedies of the parties under these Terms will not be affected by such a cancellation.
- We may at any time change our pricing structure, payment method and related Terms (‘Pricing Amendment’). Such changes will apply to you for any Services you purchase after the date any Pricing Amendment is posted on our Site or provided to you (whichever is earlier).
YOUR OBLIGATIONS AND WARRANTIES
- You warrant to us that:
- There are no legal restrictions preventing you from agreeing to the Terms;
- You will cooperate with us and make yourself available to answer queries and provide us with information in a timely manner, as reasonably requested from us from time to time, to enable us to deliver the Services;
- Any information you provide us is true, complete and accurate;
- Where you have purchased our Services, you consent to us publicly announcing that we have undertaken work for you, and permit us to use your name in a way that may identify you as part of White Rapture’s promotional, publicity, marketing or general business activities.
- You will not infringe any third party rights in any of your dealings with us;
- You will inform us if you have any reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns; and
- You will not act in any way we reasonably believe will bring us, our Site or Services into disrepute.
- From time to time White Rapture may host a workshop or presentation as part of our Services (‘Workshop’).
- In the event that White Rapture is forced to cancel a Workshop, we will notify you of the cancellation in writing as soon as we are able. In these circumstances your payment for admission to the Workshop (excluding any credit card facility or third party booking fee) will be reimbursed within thirty (30) days of the originally scheduled Workshop date.
- In the event that White Rapture is forced to reschedule a Workshop, we will notify you of the revised details in writing as soon as we are able. In these circumstances you will have the ability to: (a) attend the new Workshop date; or (b) request reimbursement. You will notify White Rapture in writing of your decision within two (2) days of receipt of White Rapture’s rescheduling notification. If your decision is (b) (i.e. reimbursement), White Rapture will reimburse your payment for admission to the Workshop (excluding any credit card facility or third party booking fee) within thirty (30) days of the originally scheduled Workshop date.
- You understand and acknowledge that White Rapture and/or its representatives may record any aspect of a Workshop (‘Recordings’). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of promotional, publicity, marketing or other materials to be used by White Rapture.
- You hereby waive any and all legal rights you may have against White Rapture in respect of Recordings of your participation in a Workshop and grant to White Rapture the absolute right and permission to copyright and use, reuse and the publication of the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
- You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
- You hereby release, discharge and agree to hold harmless White Rapture from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
- White Rapture reserves the right to exclude you from any Workshop should you, in White Rapture’s sole determination, become disruptive. White Rapture is under no obligation to refund your payment for admission to the Workshop in these circumstances.
DELAYS AND OUTAGES
- We are not responsible for any delays or interruptions to the Site. While we will use commercially reasonably efforts to minimize delays or interruptions, we cannot warrant that the Site will be available at all times or at any given time.
- We may at any time and without notice to you, discontinue the Site in whole or in part.
LIABILITY IS LIMITED
- The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Laws.
- We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) under statute, in equity or at law or otherwise, for any direct, indirect, special or consequential loss, damage, cost (including legal costs), expense suffered by you or a third party, or claims made against you or a third party or reliance in connection with our Site or the Services.
- In no event will we be liable for any loss, damage, cost (including legal cost) or expense whatsoever suffered by you or a third party, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, opportunity, goodwill, reputation, profits, data or other intangibles, claims made against you or a third party, or the cost of procurement of substitute Services arising out of or related to the use, inability to use, unauthorised use, misuse, performance or non-performance of or reliance upon this Site or the Services, even if we have been advised previously of the possibility of such loss, damage, cost of expense and whether or not such damages arise in contract, tort (including negligence), under statute, in equity or at law.
- We are not responsible for, and accept no liability with respect to, content uploaded, posted, transmitted or otherwise made available on the Site by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Site simply by facilitating others to post, transmit or other make content available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
- You agree that we will not be liable for any loss, damage, cost (including legal cost) or expense which you incur as a result of use of this Site including without limitation, damage caused by access delays or interruptions, computer viruses, system failure or malfunction which may occur in your use of the Site including hyperlink to or from third party websites or which may occur after a discontinuance of the Site.
- Our total liability arising out of or in connection with the Services, however arising, including under contract, tort (including negligence) under statute, in equity or law, will not exceed the total fee paid by you to us.
- Neither party shall be deemed liable for or in default of these Terms for any delay or failure to perform its obligations under the Terms caused by acts of god, war, disasters, strikes or any similar cause beyond the control of either party (‘Force Majeure’). Neither party shall make a claim against the other for non-performance of its obligations under the Terms in these circumstances.
- You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, the Site, Services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through use of our Services.
- These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information on the Site or provided during our provision of the Services irrespective of any verifying measures taken by us (including third party material and advertisements).
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay or non-delivery in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing websites or servers maintained by other organisations through links on our Site or provided during our provision of the Services. Links are provided for convenience only. We do not endorse linked websites, their services, or any opinion, advice or statement they publish and you access them at your own risk.
- The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
- Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
LINKS TO THIRD PARTY WEBSITES
- This Site and the Services may include links to other websites maintained by third parties which are not under the control of White Rapture (‘Linked Sites’). White Rapture makes available Linked Sites to you solely as a convenience, and the inclusion on the Site of links to Linked Sites does not imply endorsement by White Rapture of the Linked Sites. Linked Sites are not under the control of White Rapture and White Rapture is not responsible for the material contained on any Linked Site or the consequences of accessing such sites. You access Linked Sites at your own risk and by accessing them you leave the Site.
- You cannot transfer or assign in whole or in part any of your rights or obligations under these Terms without White Rapture’s prior written consent.
- We may assign or transfer our obligations under these Terms at any time.
FEEDBACK AND DISPUTE RESOLUTION
- Your feedback is important to us. If you have any feedback about our Site or Services, please contact us in writing. Unless specifically stated by you, we shall treat information you provide to us as non-proprietary and non-confidential.
- Should a dispute arise between us, both parties agree to contact the other in writing (outlining the nature of the dispute, the outcome the complainant wants and what actions the complainant thinks will settle the dispute) to seek a resolution. The parties agree to meet in good faith with the intention to resolve the dispute by agreement. If such an agreement cannot be reached, the parties will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any attempts made by the parties to resolve a dispute pursuant to this provision are without prejudice to other rights or entitlements of the parties under these Terms, by law or equity.
- If any provision in these Terms shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall have no effect on the validity and enforceability of any remaining provisions.
- These Terms shall be construed in accordance with and governed by the laws of Western Australia. You consent to the exclusive jurisdiction of the courts in Western Australia to determine any matter or dispute which arises between us.
- All notices, requests and other communications to us shall be in writing and addressed to:
- by post: PO Box 1103, West Leederville WA 6901; and
- by email: connect[at]whiterapture.com.au.
- Any notice will be deemed to have been served:
- in the case of standard post, three (3) days after posting; and
- in the case of email, at the time of transmission.
Last updated: 3 July 2017