Terms & Conditions - A Lavish Affair

1 About this Website

This website is owned and operated by A Lavish Affair ABN 89 164 532 209 under the domain name “alavishaffair.com” and “alavishaffair.com.au” (“A Lavish Affair Website”).Your use of the services, information, text, graphics, materials and other content on the A LAVISH AFFAIR Website (“Material on this Website”) is governed by these Terms of Use and the associated Website Security and Privacy Statement. By using this website you agree to be bound by these Terms of Use.In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of this A LAVISH AFFAIR Website, parts of this Website, or to products and services offered via this Website. You will be bound by these additional terms, as applicable.

2 Links to other websites

The A LAVISH AFFAIR Website may contain links to websites which are owned or operated by third parties independent of A LAVISH AFFAIR (“Third Party Websites”). A LAVISH AFFAIR does not sponsor, endorse or approve of the operators of Third Party Websites, or material (including services, information, graphics, or data) which is located on such Third Party Websites (“Third Party Material”).
The A LAVISH AFFAIR Website may contain or link to information about special offers, deals or promotions by persons not related to or part of A LAVISH AFFAIR. (“Third Party Offers”). A LAVISH AFFAIR does not sponsor, endorse, or approve of any Third Party Offers, or Third Party Material associated with these offers.
Subject to any applicable law which cannot be excluded, A LAVISH AFFAIR makes no warranties or representations:
1. regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Websites; or
2. that Third Party Material does not infringe the intellectual property rights of any person.
A LAVISH AFFAIR is not authorising the reproduction of Third Party Material by linking Material on this Website to Third Party Material.

3 Privacy

Your privacy and security is very important to A LAVISH AFFAIR. Certain data items are collected and used by the A LAVISH AFFAIR Website in order to provide wedding planning services and other online services. The A LAVISH AFFAIR Website will record and track the use you make of this website. The use of this data is subject to our Website Security and Privacy Statement. Please read our Website Security and Privacy Statement in full.

4 A LAVISH AFFAIR product information and membership purchase

4.1 A LAVISH AFFAIR Website content

The A LAVISH AFFAIR Website contains both information of a general nature about A LAVISH AFFAIR and A LAVISH AFFAIR’s products and services, and also enables you to purchase and pay for some wedding planning products and services online.

4.2 Completing transactions on the A LAVISH AFFAIR Website

When entering into a transaction via the A LAVISH AFFAIR Website, whether it be the procurement of wedding planning services, a membership payment, or a transaction relating to any other product or service, the transaction will not be completed until an “Electronic Instruction” (being any electronic instruction, information, message, request or communication issued or transmitted to A LAVISH AFFAIR via the A LAVISH AFFAIR Website) containing the acceptance from you to A LAVISH AFFAIR’s offer, or the confirmation of payment from you, whichever is applicable, has been received and processed by A LAVISH AFFAIR, and any specific steps or requirements as set out in this clause 4, have been complied with.
You acknowledge that the transmission of your acceptance or the confirmation of any payment, made through an Electronic Instruction may not be received by A LAVISH AFFAIR in accordance with this clause 4 for reasons beyond either parties’ reasonable control including, but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems. You further acknowledge that, to the extent permitted by law, A LAVISH AFFAIR is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the A LAVISH AFFAIR Website, or any failure to receive an Electronic Instruction for whatever reason.

4.3 Purchasing wedding planning services

Where the A LAVISH AFFAIR Website enables you to purchase wedding planning products or services online:
1. The parties may enter into an agreement using the A LAVISH AFFAIR Website by A LAVISH AFFAIR making an electronic offer via the A LAVISH AFFAIR Website and you electronically communicating your acceptance of that offer via the A LAVISH AFFAIR Website to A LAVISH AFFAIR;
2. A LAVISH AFFAIR may act on and process all completed Electronic Instructions transmitted or issued through the A LAVISH AFFAIR Website without further consent from or reference to you; and
3. A LAVISH AFFAIR may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instructions, or to verify the accuracy and completeness of such Electronic Instructions.
When entering into a contract via the A LAVISH AFFAIR Website, you will be taken to have communicated your acceptance to an offer of wedding planning services from A LAVISH AFFAIR only when:
the Electronic Instruction containing the acceptance from you enters and is recorded in the main A LAVISH AFFAIR database;
a record is created and stored in the A LAVISH AFFAIR database;
A LAVISH AFFAIR receives all required details of a current and valid credit card which you are authorised to use, which is of a credit card type accepted by A LAVISH AFFAIR, and to which A LAVISH AFFAIR is able to charge .
A binding contract is conditional on A LAVISH AFFAIR being able to successfully charge against your nominated credit card and A LAVISH AFFAIR receiving payment of your applicable wedding planning agreement (either by a single payment or where permitted in instalments).
A LAVISH AFFAIR may or may not issue a paper confirmation of the wedding planning agreement. The existence of a binding contract is not conditional on A LAVISH AFFAIR issuing, or you receiving, a paper confirmation of the transaction.

4.4 Membership payments

The membership payment for certain A LAVISH AFFAIR wedding planning membership services can be made online with selected credit cards at the A LAVISH AFFAIR Website.
To make an online membership payment, complete the registration process on the A LAVISH AFFAIR Website.
When making a payment for a membership via the A LAVISH AFFAIR Website, you will be taken to have become a member only when:
the Electronic Instruction containing the membership amount due and credit card details, and an instruction from you to become a member, enters and is recorded in the relevant payment database;
A LAVISH AFFAIR receives all required details of a current and valid credit card which you are authorised to use, which is of a credit card type accepted by A LAVISH AFFAIR, and to which A LAVISH AFFAIR is able to charge the membership payment;
a record is created and stored in the payment database;
an A LAVISH AFFAIR receipt number is generated by the payment system; and
the main A LAVISH AFFAIR database is updated with information from the payment database.
A binding membership contract is conditional on A LAVISH AFFAIR being able to successfully charge against your nominated credit card and A LAVISH AFFAIR receiving payment of all applicable membership amounts due (either in a single payment or where permitted in instalments).
A LAVISH AFFAIR, at its discretion, may or may not issue a paper confirmation of the membership payment. The existence of a valid payment is not conditional on A LAVISH AFFAIR issuing, or you receiving, a paper confirmation of the transaction.

5 Payments

When purchasing from A Lavish Affair your
financial details are passed through our secure server using the latest
128-bit SSL (secure sockets layer) encryption technology.
All payments for any wedding planning products, memberships, or other services purchased via the A LAVISH AFFAIR Website must be paid in full by clear funds by the due date specified in the relevant confirmation.
Unless provided for otherwise, all payments referred to in
above are to be made by selected credit cards. You must therefore provide to A LAVISH AFFAIR details of your current and valid credit card, including:
1. Credit card type;
2. Name on credit card;
3. Credit card number; and
4. Expiry date.

6 A LAVISH AFFAIR’s standard terms and conditions apply

All applications for wedding planning services or other products made via this A LAVISH AFFAIR Website are subject to and must comply with A LAVISH AFFAIR’s normal approval criteria and are governed by the normal terms and conditions applying to each product or service requested.

7 Warranties

Whilst reasonable steps have been undertaken to ensure that information is free from error, to the extent permitted by law, which law can not be excluded, A LAVISH AFFAIR does not warrant the accuracy, adequacy or completeness of Material on this Website. All information is subject to change without notice. A LAVISH AFFAIR does not guarantee that the A LAVISH AFFAIR Website or Third Party Websites will be free from viruses, or that access to the A LAVISH AFFAIR Website or Third Party Websites will function as intended or be uninterrupted. All terms implied by law, except those that can not be lawfully excluded, are excluded.

8 Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, A LAVISH AFFAIR, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Material on this Website, to Third Party Material, third party services, or to access of the A LAVISH AFFAIR Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

9 Indemnity

You indemnify A LAVISH AFFAIR in respect of any liability incurred by A LAVISH AFFAIR for any loss, cost, damage, or expense howsoever caused, or suffered by A LAVISH AFFAIR as a result of your breach of these A LAVISH AFFAIR Website Terms of Use.

10 Availability of the A LAVISH AFFAIR Website

As electronic services are subject to interruption or breakdown, access to the A LAVISH AFFAIR Website is offered on an “as is” and “as available” basis only.
A LAVISH AFFAIR may impose limits or restrictions on the use you may make of the A LAVISH AFFAIR Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, A LAVISH AFFAIR may withdraw the A LAVISH AFFAIR Website at any time and without notice to you.

11 Restrictions on use of the A LAVISH AFFAIR Website

You agree that you will not, (either yourself or through any third party):

use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (“Automated Process”)to process, monitor, copy or extract any web pages on the A LAVISH AFFAIR Website, or any of the information, content or data contained within or accessible through the A LAVISH AFFAIR Website, without A LAVISH AFFAIR’s prior written permission;
use any Automated Process to aggregate or combine information, content or data contained within or accessible through the A LAVISH AFFAIR Website with information, content or data accessible via or sourced from any third party;
use any information on or accessed through the A LAVISH AFFAIR Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;
use any device, software, process or routine to interfere or attempt to interfere with the proper working of the A LAVISH AFFAIR Website or any transaction or process being conducted on or through it;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the A LAVISH AFFAIR Website;
reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the A LAVISH AFFAIR Website; or
copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the A LAVISH AFFAIR Website without A LAVISH AFFAIR’s prior written permission.

12 No use of A LAVISH AFFAIR Website for unrelated persons

You must only use the A LAVISH AFFAIR Website to:

obtain wedding planning information;
obtain other information relating to wedding planning services from A LAVISH AFFAIR; or
conduct membership related transactions or queries,
in respect of wedding planning services for you or a member of your immediate family (with their prior consent).

You agree not to otherwise use the A LAVISH AFFAIR Website to obtain wedding planning membership, or to obtain other information relating to the price of wedding planning services from A LAVISH AFFAIR or conduct wedding planning-related transactions or queries.

You also agree to indemnify A LAVISH AFFAIR in respect of any liability incurred by A LAVISH AFFAIR for any loss, cost damage or expense, howsoever caused, suffered by A LAVISH AFFAIR as a result of your breach of this clause 12.

13 Third party providers to A LAVISH AFFAIR

Parts of this A LAVISH AFFAIR Website, or the provision of payment processing or other services offered via this A LAVISH AFFAIR Website, may be outsourced to third party providers. These Terms of Use apply to any outsourced services, unless you are otherwise notified of any alternate terms of use.

14 Termination

These Terms of Use and your access to the A LAVISH AFFAIR Website may be terminated at any time by either party without notice to the other. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on liability of A LAVISH AFFAIR, will survive any termination. Upon termination, you must not directly or indirectly access or use the A LAVISH AFFAIR Website or any Material on this Website.

15 Acceptance and changes to Terms of Use

You acknowledge and accept that your use of the A LAVISH AFFAIR Website indicates your acceptance of these Terms of Use and the Website Security and Privacy Statement.
These are the current Terms of Use. They replace any other terms of use for the A LAVISH AFFAIR Website published on the A LAVISH AFFAIR Website to date. A LAVISH AFFAIR may at any time vary the Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the A LAVISH AFFAIR Website, by publishing the varied Terms of Use on the A LAVISH AFFAIR Website. A LAVISH AFFAIR will indicate on the A LAVISH AFFAIR Website that these terms of use have changed, however, A LAVISH AFFAIR is under no obligation to specifically contact or notify you of any variation to these Terms of Use. You accept that by doing this, A LAVISH AFFAIR has provided you with sufficient notice of the variation. By your use of the A LAVISH AFFAIR Website after any variation, you are taken to have accepted the new Terms of Use.

17 General

The law applicable to the A LAVISH AFFAIR Website and to disputes arising out of the A LAVISH AFFAIR Website is the law of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and appeal therefrom.
Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.
You may not rely on the words or conduct of A LAVISH AFFAIR as a waiver of any right unless the waiver is in writing.

In this clause, “conduct” includes delay in the exercise of any right. “Right” means any right of A LAVISH AFFAIR arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause. “Waiver” includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.

18 Linking to A LAVISH AFFAIR

Please contact A LAVISH AFFAIR if you would like to link to any part of the A LAVISH AFFAIR Website.