GOWED PTY LTD
TERMS AND CONDITIONS

ABN: 50611428490

  1. These Terms and Conditions

    1. GoWed Pty Ltd ACN 611428490, owns and operates the websites and content located at https://www.gowed.com.au.
    2. These terms and conditions, as amended from time to time (Terms and Conditions), apply to the publication by GoWed advertising material supplied for a directory listing (Directory Listing) submitted by any person or entity (Supplier, you or your) for publication on the Website and for various tablet and smartphone applications for each Website.
    3. By Approving your profile on GoWed and completing / providing appropriate payment authority, you agree to be bound by these Terms and Conditions and entering a ‘Perpetual’ Agreement.
    4. These Terms and Conditions may change at any time after the Initial Term. We will make every effort to inform you when these Terms and Conditions are updated or change. Please read these Terms and Conditions regularly. The Terms and Conditions are located at the footer of our website www.gowed.com.au
  2. Payment and Terms

    1. There is no upfront listing fee with GoWed.

      Payment per lead received is a flat rate of $25 inclusive of GST.

    2. The pay per lead rate payable to GoWed 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. Charged Advertising Fees are inclusive of GST.
    3. GoWed will bill you immediately once a lead is received for your pay per lead payments owed. All payments must be secured with a valid credit card or direct debit.
    4. If your account is overdue we have the right to take your profile offline until we have received all outstanding moneys.
    5. If you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over you or any of your assets or if you resolve to wind up your company, then GoWed may (in its absolute discretion):
      take proceedings against you to recover any overdue amount; recover from you all costs in relation to any action taken against you by GoWed to recover overdue amounts, including without limitation, debt collection costs and legal costs on a full indemnity basis; and/or exercise any other rights available to GoWed at law.
  3. Termination by GoWed

    1. GoWed may terminate your Directory Listing and remove your profile from the Website at any time and for any reason. GoWed is not obliged to provide you with reasons for terminating your Directory Listing.
    2. If GoWed terminates your Directory Listing, and you pay your fees by direct debit, GoWed will cancel your direct debit arrangements provided you are up to date with payment of all outstanding fees. If there are any amounts owing to GoWed at the date of termination, you authorise GoWed to direct debit all overdue amounts from your nominated account.
  4. Termination by the Supplier

    1. If you cancel your Directory Listing with GoWed and you have paid any outstanding fees upfront, you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the term.
    2. You are on a “Perpetual” contract and may withdraw your Directory Listing at any time by following our cancellation process, which includes speaking with a team member, verifying your identity and completing a cancellation form. 30 days after the receipt of your completed form, your GoWed Directory Listing will be removed from the Website and any payments due during this 30-day period will remain due for payment.
  5. Acceptance of material

    1. GoWed is under no obligation to accept a Directory Listing (or any part of a Directory Listing) for publication on the Website and is under no obligation to provide reasons for such refusal.
    2. GoWed reserves the right at any time, at its sole discretion, to:
      1. reject or cancel all or part of a Directory Listing; or
      2. remove all or part of a Directory Listing from the Website.
    3. In addition, GoWed shall have the absolute right, without providing any reason, to reject any URL link embodied within the Directory Listing.
    4. Images supplied to GoWed for publication on the Website may be published on different pages within the Website, to be determined in GoWed’s sole discretion. By submitting images to GoWed, you agree that GoWed may use your images anywhere within the Website.
    5. You agree that GoWed may source images for your Directory Listing directly from your website, if the images supplied by you are not suitable and you warrant that GoWed 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.
    6. If GoWed receives complaints from visitors to the Website in relation to a Supplier or a Directory Listing, GoWed may without notice to the Supplier remove the relevant Supplier’s Directory Listing (or the offending part) from the Website immediately and if this occurs and you have paid for any advertising fees upfront, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing.
    7. GoWed reserves the right to amend, move or reposition your Directory Listing or change the Website at any time. GoWed will use its reasonable endeavours to give you advance notice of any material changes that it makes to the Website.
    8. You agree that you must pay all (if any) advertising fees even where:
      1. your Directory Listing (or part of it) is not published due to a breach of these Terms and Conditions by you;
      2. your Directory Listing (or any part of it) is not published due to your failure to provide sufficient artwork or instructions;
      3. the format or placement of the Directory Listing has been varied by GoWed;
      4. or you believe your Directory Listing has not resulted in the number of enquiries you expected to receive as a result of the Directory Listing on the Website.
  6. Intellectual property

    1. GoWed owns all intellectual property rights in the Website and the Directory Listing, including information, graphics, design and software, except where the Supplier has provided their own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website.
    2. You must obtain the permission from the owner of any intellectual property in any third party material incorporated into a Directory Listing prior to submission of the Directory Listing.
    3. You grant GoWed a world-wide, royalty free, irrevocable licence to publish, and to sub-licence the publication of, all material submitted to GoWed as part of the Directory Listing in any form or medium, including print, online or otherwise. You warrant that you are authorised to grant the licence in this clause 6b.
  7. GoWed ‘s information

    1. You agree that information and bride and groom details provided to you by GoWed must be kept confidential and must not be published or distributed to others.
  8. Privacy and personal information

    1. 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.
    2. Our site is hosted on a secure server and uses industry standard SSL (encryption) for all communication between you and our server. This means your information, including credit card information is secure.

      We have a direct merchant facility with the bank to process credit card. This means we’ve passed the bank’s stringent security checks on both our company, the company director, and our website. As part of this, we do not store your credit card information at any time, even for recurring payments. The bank stores and handles all transactions on our behalf. It’s worth noting that all credit card issuers have strong anti-fraud measures and offer refunds for fraudulent transactions.

      Our website is based on the OpenCart platform which is the world’s most-used shopping cart platform. This means things like user log in, database security, and code protection haven’t been re-invented and coded by us; it’s all been handled by OpenCart meaning it’s secure and used by millions of websites around the world.

      We also use one of the industry’s best security platforms called “CloudFlare”. CloudFlare provides a whole range of anti-hacking security measures as well as ensuring the speed and up-time of the server is as good as possible.

  9. Warranties and liability

    1. You warrant that all material submitted by you for publication on the Website will not:
      1. 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), any equivalent legislation in New Zealand or any common law in Australia and New Zealand;
      2. 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;
      3. contain a photograph or representation of a living person unless that person has consented;
      4. comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
      5. be misleading or deceptive or likely to mislead or deceive;
      6. 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, or any equivalent legislation in New Zealand, and you further warrant that you have obtained all relevant permits; or
      7. comprise anything which may adversely reflect on GoWed or the Website.
    2. Subject to clause 9e, GoWed 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:
      1. goods or services supplied pursuant to these Terms and Conditions; any failure or omission on the part of GoWed to comply with its obligations under these Terms and Conditions;
      2. any negligent act or omission of GoWed;
      3. the provision by the Supplier to GoWed of incorrect contact details which results in GoWed being unable to forward enquiries received from visitors to the Website to the relevant supplier; or
      4. any web traffic pop-ups which appear on the Website.
    3. GoWed 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.
    4. GoWed makes no representation or warranty in relation to the number of visitors to the Website except for those representations made expressly in writing by GoWed to the Supplier in relation to actual prior Website visits. GoWed makes no warranty or representation in relation to future visitor numbers to the Website and any projections provided by GoWed are estimates only.

      GoWed does not warrant or represent that:

      1. the Website will be accessible at all times,the Website is free from viruses; or
      2. any information (including hyperlinks) contained on the Website is accurate or suitable.
    5. To the extent that any warranties or guarantees implied by law are not capable of being excluded or modified, the total liability of GoWed, its employees, servants and agents for breach of such warranties or guarantees is limited to one or the other of the following at the option of GoWed:
      1. if the breach relates to goods: the replacement of the goods supplied or the supply of equivalent goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods;
      2. if the breach relates to services: the supplying of the services again; or
        the payment of the cost of having the services supplied again.
  10. Indemnity

    1. The Supplier releases, indemnifies and will keep indemnified GoWed, its employees, servants 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 GoWed arising out of:
      1. a breach of these Terms and Conditions by the Supplier;
      2. a breach of warranty contained in clause 9a;
      3. any wilful, unlawful or negligent act or omission of the Supplier;
      4. the publication by GoWed or any other person of any material supplied by the Supplier; and
      5. breach by the Supplier of any laws or legal obligations, including the Competition and Consumer Act 2010, any state-based Fair Trading legislation and any equivalent legislation in New Zealand.
  11. Consumer reviews

    1. GoWed maintains a review system on the Website that allows consumers who use the Website to rate and/or review Suppliers’ online stores, products, goods and services and customer service.
    2. GoWed has a no-tolerance policy for fake, false, or misleading reviews. Reviews of this nature adversely affect our entire review system and the GoWed business. It means couples looking for honest reviews aren’t receiving the information they’re looking for.
      1. For Suppliers:
        If any of your reviews are found to be fake, false, or misleading or obtained through coercion, these reviews will be removed from GoWed immediately. Breaching this rule a second time will see your profile deleted from the GoWed platform and any money owing to GoWed will be charged from your account immediately with no refund.

        ‘Suppliers’ in this sense regards suppliers, their employees, third-party vendors hired by them and any other agent acting for or on behalf of a supplier.

      2. For Users:
        GoWed is constantly monitoring reviews to ensure they reflect the real experiences and thoughts of its users. Because so many soon-to-be-wed couples see these reviews and rely on these reviews to make informed choices as to which supplier they may contact, it’s important these reviews are honest and accurate.

        If GoWed determines a user has posted a dishonest or misleading review, GoWed maintains the right to remove these reviews from the platform without notice. GoWed also maintains the right to remove the users’ profile and refuse access to any other properties on the GoWed platform.

        ‘Users’ in this sense regards to one person per couple. So, for any one supplier, there should only be one review per couple, not two review for each person in the couple for the same supplier.

    3. The Supplier agrees that:
      1. GoWed will at all times maintain editorial control over the reviews posted on the Website in respect of Supplier;
      2. the Supplier will not direct GoWed to delete or amend any review about a Supplier or a Supplier’s goods or services unless they feel it is fake, false, or misleading, in which case please contact GoWed to discuss;
      3. the Supplier will not post its own reviews about the Supplier’s own goods or services on the Website; and
      4. GoWed is not responsible or liable to the Supplier or any third party for any loss or damage caused by such reviews.
    4. Appeals process: If you are removed or received a warning and feel this has been done in error, please contact GoWed. We’re happy to discuss any errors and to review situations like these.
  12. General

    1. These Terms and Conditions are governed by and construed in accordance with the laws of Sydney, Australia and the parties irrevocably submit to the courts of or in that State (including the Federal Courts) and the courts that hear appeals from those courts.
    2. If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.
    3. The Supplier may not transfer or assign these Terms and Conditions without the prior written consent of GoWed, which consent may be withheld at the absolute discretion of GoWed and if granted, may be granted on such terms and conditions as GoWed deems fit.
    4. Any notice required to be given under these Terms and Conditions must be in writing and given by post, facsimile or email to GoWed or the Supplier at the contact details notified by one party to the other.
    5. No waiver by GoWed of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by GoWed, its employees or agents (which but for this clause ought or might amount to a waiver of GoWed’s rights in respect of any such breach or default) does not operate as a waiver in any way of GoWed’s rights and powers in respect of such breach or default.
    6. Neither party is liable for any delay or failure to perform its obligations (other than obligations to pay money) if such delay or failure is due to circumstances beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure or strike or lockout.
    7. These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties.