Australian Bridal and Wedding Directory

Terms & Conditions

• By registering as a member you have full access to our website and the benefits of all our advertiser specials and exclusive promotions including the right to earn wedding reward points to use in our exclusive auction room.  Membership is totally free and you may opt out at anytime.  (located at the bottom of every monthly newletter)

  
  Your contact details WILL NOT be passed on to our advertisers or anyone else unless YOU request it, either directly from an advertiser or via the enquiry icon on this site.
  
  To view our Privacy Policy go to: Click Here

   

• THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS IN WHICH THE AUSTRALIAN DIRECTORY SERVICES PTY LTD TRADING AS AUSTRALIAN BRIDAL DIRECTORY AUCTION ROOM FUNCTIONS.

  Welcome to the Australian Directory Services Auction Room User Agreement. This Agreement describes the terms and conditions that govern your use of our services at Australian Bridal Directory (to be referred to as the "Site").

  You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become an Auction Member with Australian Directory Services (to be referred to as “ADS”).

  By accepting this User Agreement, you also agree to be bound by the User Agreements and posted terms and conditions on other ADS websites (including but not limited to Australian Bridal Directory) to the extent that you use those websites.

  We may amend this Agreement at any time at our discretion by posting the amended terms on our Site. The fact that amendments have been made to the User Agreement will also be notified on our Notices Board located at (http://www.australianbridaldirectory.com.au/Notice.cfm). Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your membership with the Site. This agreement is effective on the earlier of your registration date or 22 June 2005.

  1.      Membership Eligibility.
  Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, our services are not available to persons under 18 years of age, or to temporarily or indefinitely suspended ADS members. If you do not qualify, please do not use our services. Further, your ADS membership and User ID may not be transferred or sold to another party.

  2.      Fees and Services.
  Joining and bidding on items at ADS is free. However, winning bidders must pay all postage and packaging expenses associated with getting the winning article to them.  We may change our Fees and Charges Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the notices board on the site. We may at our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes (including any postage, postage handling, goods and services or value added taxes, which will be added to amounts billed to you). Please Note: As the purchaser is bidding with accumulated points (not money) you cannot include postage and handling fees in the 'terms of your bid' or request another member to pay these fees.
  
  3.      ADS is not an Auctioneer.
  3.1 Online Auctions. Although it is commonly referred to as an online auction page, it is important to realise that we are not a traditional "auctioneer". Instead, our Site acts as a venue to allow our advertisers to offer their wedding related goods and services, at anytime, from anywhere, in an auction-style format commonly referred to as an "online auction" with our members bidding with points they have accumulated by navigating and utilizing the site as well as purchasing goods and services directly from our advertisers. We are not involved in the actual transaction between bidders and the advertiser promoting their product or service via our online auction. As a result, we have no control over the quality, safety or legality of the items or content posted by advertisers on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure and do not guarantee that a bidder or an advertiser will actually complete a transaction or act lawfully in using our Site.

  3.2 Safe Trading. Because user authentication on the Internet is difficult, ADS cannot and does not confirm each member’s purported identity. Employees and their immediate families, accredited representatives and agencies of this site are ineligible to enter any promotions.

  3.3 Release. Because we are not involved in the actual transaction between bidders and the advertised auctioneer, in the event that you have a dispute with one or more users, you release ADS (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  
  4.      Bidding and Buying.
  By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the auctioneers identity.
  
  5        Fraud.
  5.1 Without limiting any other remedies available to ADS at law, in equity or under this Agreement, ADS may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Sites.

  5.2 Manipulation. Neither you, nor any other bidders or sellers may manipulate the price of any item, nor may you interfere with other users' items listed for auction.

  6       Access and Interference.
  Our Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to ADS by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of ADS or the appropriate third party authorised to grant such permission.

  5.      Breach.
  Without limiting other remedies available to ADS at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
  a.      you breach this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
  b.      we are unable to verify or authenticate any information you provide to us; or
  c.       we believe that your actions may cause legal liability for you, our users or us.
  
  6.      Privacy.
  ADS has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. Our current Privacy Policy is available at http://www.australianbridaldirectory.com/privacy.cfm
  
  7.      You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a member of ADS.
  
  8.      No Warranty.
  WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN AS IS BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.
  
  9.      Liability Limit.
  IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT ADS AND ALL AFFILIATES AND RELATED ENTITIES OF ADS HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.
  TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
  
  10.  Indemnity.
  You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
  
  11.  No Agency.
  You and ADS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  
  12.  Arbitration.
  Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.
  
  13.  General.
  This Agreement shall be governed in all respects by the laws of the State of Victotia, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by ADS, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof.