HOST TERMS AND CONDITIONS
Effective Date: 23 March 2023
Welcome to https://www.guestpix.com (Site).
This Site and the Services are owned and operated by GUESTPIX PTY LTD ACN 668 087 723 trading as Guestpix (referred to in these terms as “Guestpix”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our Site and the content made available to you via our Site and our social media channels (“Host Terms”). These Host Terms, together with our Guest Terms, Privacy Policy and Acceptable Use Policy apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”).
ACKNOWLEDGEMENT
By accessing and using our Site, Services and Products or any other materials made available to you or provided to you on our Site (whether available for purchase or not), you are taken to accept our Host Terms.
LEGAL CAPACITY
By using the Site or accessing or purchasing any products or services, you warrant that you:
– are over the age of Majority in your jurisdiction;
– have the legal capacity to enter into a legally binding contract, or as an individual or on behalf of a corporation;
– have read, accepted and agree to comply with these Host Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Host Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. We will always ensure that the current date of the Terms also known as the “Effective Date” is prominently displayed at the very top of this page, so you know it’s the latest version.
It is your responsibility to review these Host Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Host Terms, you should not use our Site.
Your continued use of our Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us at: [email protected] before proceeding with any purchase or booking.
PRIVACY
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using our Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.
By purchasing any of our Products or Services you may be asked to supply certain information including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that:
(i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and
(ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
INTELLECTUAL PROPERTY
Our Site, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms.
Limited Licence
Where you download or purchase our Digital Products (including checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.
You agree that if you violate any of these restrictions or the Terms of Service, your licence may be automatically terminated and legal remedies, including injunctive relief, may be sought.
INTELLECTUAL PROPERTY INFRINGEMENT
We will respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
– A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
– Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
– Your address, telephone number, and email address.
– A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
– A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
LINKS TO OTHER WEBSITES
Our Site, Services, Products and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites. You acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Accessing or using any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability or appropriateness of those sites.
CREATING AN ACCOUNT
To place orders and access some features of the Site, you may need to register an account. This means you will have to give us accurate information, including your name, address, and a valid email address.
You are prohibited from creating a username that infringes on any other person’s intellectual property rights or is considered unacceptable or in violation of our Acceptable Use Policy.
You warrant that by creating an account you are over the age of majority in your jurisdiction and any information you provide during the account setup process is correct at the time you provide the information. You are solely responsible to provided updated account information, should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so we encourage you to keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
DIGITAL PRODUCTS
We may offer digital products for you to download or purchase from our site. If you purchase or download a Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.
After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.
Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.
REFUNDS FOR DIGITAL PRODUCTS
Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
SUBSCRIPTIONS
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
PRICES AND PAYMENT
Pricing is provided in British Pound Sterling (GBP), Euros (EUR), Indian Rupees (INR), United States Dollars (USD), Australian Dollars (AUD) and Canadian Dollars (CAD) and are inclusive of any GST, HST, PST, QST,VAT, tariffs or charges (as applicable). The prices indicated on the Site may change at any time without advance notice to you.
Where a matter outside of our control impacts the price of our Services or Products, such as government action, variation in customs duties, increased shipping charges or higher foreign exchange cost the Prices advertised on our Site may need to be revised by us after your purchase. In this event, you will have the right to cancel your order.
We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.
We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer the option to pay for our products and/or services by credit card or such other method of payment as indicated on our Site. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
ORDER CANCELLATION
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
– Goods availability
– Errors in the description or prices for Goods
– Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
– The supply of Goods made to Your specifications or clearly personalized.
– The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
– The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
– The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
– The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
INFORMATION AND ADVICE
Our Site contains content, including digital products, blog articles, and other information, that is for general information purposes only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be any type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products and/or services.
We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes or other information appearing on our Site does not constitute or imply our endorsement, sponsorship or recommendation in any way.
Availability, Errors and Inaccuracies
The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our site and social media channels as well as feedback about our Site, products and services. Through the use of our Site and associated services, you may be invited to upload content, submit a review, or comment or generally interact with us via our social media channels.
User-generated Content
Where you decide to upload or submit content to us for publication on our Site, you
– acknowledge that you have read, understood and accept the terms of our Acceptable Use Policy;
– warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions); and
– grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Feedback, reviews or comments
Where you decide to submit feedback or post comments, you:
– warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);
– assign all rights, title and interest in any Feedback You provide the Company;
– If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
– give us permission to post or otherwise use that feedback on our social media or other channels;
– waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;
– warrant that any content provided does not violate these Terms; and
– warrant that you are at least the age of majority in your jurisdiction.
We reserve the right to remove a review or comment if such review or comment contains:
– libellous or otherwise unlawful, abusive or obscene material;
– personal attacks on our employees or another contributor;
– material that discloses your personal information; or
– Information that is unrelated to the post or content that you have reviewed or commented on.
Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.
COMPETITIONS
We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.
TESTIMONIALS
On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
PROHIBITED USE
In addition to compliance with our Acceptable Use Policy, you must not, under any circumstances, use the Site, it associated services or its content:
– for any unlawful purpose;
– to solicit others to perform or participate in any unlawful acts;
– to violate any international, federal, or state regulations, rules, laws, or local ordinances;
– to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;
– to transfer the materials to another person or “mirror” the materials on any other server;
– to harvest, collect, or gather user data without the user’s consent; or
– to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
– to knowingly or negligently interfere with or disrupts our networks or any other service Guestpix provides;
– to infringe upon any other person’s proprietary rights including privacy and intellectual property rights;
– to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
– to modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
– remove any copyright or other proprietary notations from any materials and software on this website;
– to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
– to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties (express or implied) about our Site and/or our products or services including that:
– they are suitable, reliable, complete, secure, accurate, merchantable or fit for any particular purpose;
– access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm;
– there is no infringement of intellectual property or
– there is no possibility of failure to store communications or other data.
We do not warrant or make any representations concerning the likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Service limitations and modifications
We use reasonable efforts to keep our products and services accessible, available and operational as you need them however availability may change from time to time, without liability to you; for example you may experience:
– temporary interruptions to parts of the products or services due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements; or
– A modified user experience (permanently or temporarily) including particular functions, features, subscription plans, and promotional offerings.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.
Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
In no event shall we liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if we have been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
ADDITIONAL TERMS
Where you elect to enter into a one-on-one arrangement with us, we will issue you with a Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated:
a. where you breach any provision of these Terms; or
b. at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
CEASING OUR WEBSITE OR EXCLUDING ACCESS
We have the right to discontinue our Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Site and your use of our Site.
SEVERABILITY
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.
GOVERNING LAW AND JURISDICTION
All Host Terms shall be construed in accordance with and governed in all respects by the laws of South Australia , Australia. Your use of the Site, Service and Products may also be subject to other local, state, national, or international laws.
DISPUTE RESOLUTION
In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible.
Mediation: In the event of a dispute, you agree to first attempt to resolve the dispute through mediation. The parties will jointly select a mediator, who will be neutral and independent. If the parties are unable to agree on a mediator, they will request a list of mediators from a mutually agreed-upon mediation service and select a mediator from the list.
Arbitration: If the dispute cannot be resolved through mediation, the parties agree to resolve the dispute through binding arbitration. The arbitration will be conducted in accordance with the rules of a mutually agreed-upon arbitration service. The arbitration will take place in a mutually agreed-upon location.
The arbitrator will be selected from a list of arbitrators provided by the arbitration service. The arbitrator will be neutral and independent and have no prior relationship with either party.
The decision of the arbitrator will be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
The parties agree to keep any mediation or arbitration proceedings confidential, except as necessary to enforce the award or as required by law.
This mediation and arbitration clause will survive the termination or expiration of these Terms.
The costs of the mediation and/or arbitration shall be borne equally by the parties, unless otherwise agreed upon by the parties. Each party will be responsible for their own legal fees and expenses incurred in connection with the mediation and/or arbitration. However, if the arbitrator determines that one party was frivolous or acted in bad faith in bringing or defending a claim, the arbitrator may order that party to pay the reasonable costs and attorney’s fees of the other party.
If you have infringed our intellectual property rights, the arbitrator shall have the authority to grant injunctive relief and monetary damages as appropriate to remedy the infringement, in accordance with applicable law. You acknowledge that the unauthorized use of our intellectual property rights can cause irreparable harm, and that injunctive relief may be necessary to prevent ongoing or future harm. The parties agree that the arbitrator’s decision on the issue of infringement and the appropriate remedy shall be final and binding on the parties.
Notwithstanding the provisions dealing with mediation and arbitration above, if you infringe our Intellectual Property Rights, we reserve the right to immediately terminate your access to the Site, Service or Product and we reserve the right to pursue legal remedies. You will be liable for all costs (including reasonable legal costs) incurred due to your breach of our Intellectual Property Rights.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that
(i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and
(ii) You are not listed on any United States government list of prohibited or restricted parties.
INTERPRETATION AND DEFINITIONS
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
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Term
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Definition
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Affiliate
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means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
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Account
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means a unique account created for You to access our Service or parts of our Service.
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Country
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refers to: South Australia, Australia
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Company
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(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Wedding Vault Pty Ltd, 150 Richmond Road, Marleston, South Australia, 5033.
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Content
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refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
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Device
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means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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Feedback
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means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
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Goods
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refer to the items offered for sale on the Service.
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Orders
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mean a request by You to purchase Goods from Us.
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Promotions
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refer to contests, sweepstakes or other promotions offered through the Service.
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Service
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Refers to the Website
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Subscriptions
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refer to the services or access to the Service offered on a subscription basis by the Company to You.
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Terms and Conditions
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(also referred as “Host Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
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Third-party Social Media Service
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means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service
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Website
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refers to Guestpix, accessible from https://www.guestpix.com
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You
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means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
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