Terms & Conditions
The most recent version of these terms may always be found here at:
These terms and conditions contain the entire understanding between users and 'Digital Wedding Albums', hereinafter referred to as "DWA". Reference should also be made to email/sms communications between the parties as to any exclusions/inclusions and/or special arrangements.
By using DWA in any way, you indicate your acceptance to be bound by this Agreement. If you are using DWA services on behalf of a company or other legal entity, then you represent and warrant that you are an authorized representative of the entity with the authority to bind such entity to these terms. In addition, if you are using DWA services as an approved re-seller then you further agree that this Agreement is binding upon all persons or entities using DWA Services.
As used herein, the term “DWA Services” shall mean any intellectual property, products or services that DWA provides to you. DWA may utilize selected third-party subcontractor partners of DWA to provide any portion of DWA Services. DWA may, at any time, change or discontinue any non-material aspect or feature of DWA Service. DWA may also impose limits on certain features and services or restrict your access to parts or all of DWA Services without notice or liability. You acknowledge that DWA may automatically issue upgraded versions of the software and systems and accordingly may upgrade versions of the DWA Services that you are using without prior notice.
Registration and Security
When using the DWA Services, you may be required to create an account by registering and providing certain business and contact information. You are responsible for providing accurate registration information and for updating your account information as required. DWA reserves the right to change or revoke your username or password, as it deems necessary. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.
You may only use DWA Service for lawful purposes and in accordance with this Agreement and/or any standards or requirements established by DWA. You may not restrict or inhibit any other person from using or enjoying DWA Services. Except as expressly authorized by DWA, you agree not to use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses DWA Services in a manner that sends more request messages to DWA in a given period of time than a human can reasonably produce in the same period by using a conventional web browser, or otherwise use DWA Services to collect or harvest any personally identifiable information or any data regarding activities on or usage of the DWA Site. DWA reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of DWA Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
As used herein, the term “Content” shall include any content or information that you provide to DWA, whether orally, in writing, or electronically, including but not limited to, any content or information contained within text files, PDFs, JPEGs, PNGs, GIFs, HTML, design files, email or email lists, or any other documents or files submitted to DWA. You represent and warrant that you have the right, title, and interest to any and all content that you provide to DWA and that your content does not infringe any third party’s intellectual property rights. It is DWA’s policy to respond to notices of alleged copyright infringement. DWA shall have the right to remove any Content that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or in breach of your obligations. DWA is a distributor (and not a publisher) of any content provided by you or any other users of DWA Services. Neither DWA nor any third-party provider of information guarantees the accuracy, timely availability, completeness, or usefulness of any content (provided by you or others) made available to DWA. Under no circumstance will DWA be liable to you for any loss or damage caused by the reliance on any information obtained from the content (provided by you or others) or otherwise through the DWA Services. DWA Services may contain links to other Internet sites and third-party resources. DWA is not responsible for either the availability of these outside resources or their content.
DWA Intellectual Property
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, names, marks, concepts, ideas and all other elements of DWA Service provided by DWA (collectively the “Materials”) are protected by copyright, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content provided by you and other users of the DWA, all Materials contained on DWA are the property of DWA or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names, including but not limited to DWA, are proprietary to DWA or its affiliates and/or third-party licensors. Except as expressly authorized by DWA, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, decipher, de-compile, disassemble, reverse engineer, or otherwise make unauthorized use of the Materials.
From time to time, you might request custom services from DWA. Custom services may include any other services requested outside of DWA’s standard documented services or any Agreements. DWA does not guarantee that it can or will agree to perform any requested custom services on your behalf.
Payment for DWA Services
If DWA requires payment to be made by you for any services, it shall be made prior to the performance of any DWA Service unless otherwise stated.
All amounts due to DWA are inclusive of GST. Any payment not made when due shall accrue interest in the amount of 1.5% per month or the highest amount allowable by law, whichever is lower, such interest to accrue on a daily basis after as well as before any judgment relating to collection of the amount due. Late payment shall entitle DWA to discontinue all or any component of DWA Services.
Recommendations and links to advertisiers and references to products and services offered by advertisers or sponsors are provided to you for convenience only and do not constitute an endorsement or approval by DWA.
Cancellation for DWA Services
Under this Agreement you may cancel any services that are provided to you. You will be entitled to a pro-rata refund, e.g. 50% after 6 months of a 12 momth term has expired. All cancellations must be received in writting.
You agree to indemnify and hold DWA, its affiliated companies, contractors, employees, agents, directors, and shareholders and its third-party suppliers, licensors, and partners, harmless from and against any and all liability, claims, penalties, damages, injuries, costs, legal fees or other expenses of any nature whatsoever paid or incurred in connection with claims by any person (including claims of copyright) directly or indirectly arising from or relating to your use or misuse of the DWA Services. DWA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DWA, and you agree to cooperate with DWA’s defense of these claims. Upon notice of any impending claim, action or proceeding, DWA will use reasonable efforts to notify you of any indemnification obligation.
Use of Content and User and Reader Information
You own the rights to the content you provide to DWA. However by providing Content to DWA, you grant DWA a limited, non-exclusive license to use the Content in connection with DWA Services. Non confidential material that you have agreed to be published live on the website may further be used for marketing and advertising purposes outside of the website. Except where necessary to provide DWA Services and for DWA marketing and advertising purposes, DWA will not license, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works, disassemble, or otherwise make unauthorized use of the content.
Disclaimer of Warranty
DWA SERVICES ARE PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF TRANSLATION, AVAILABILITY, TIMING, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER DWA NOR ITS AFFILIATES, LICENSORS, OR AGENTS WARRANT THAT DWA SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE DWA SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED IN CONNECTION WITH DWA SERVICES.
Limitation of Liability
IN NO EVENT WILL DWA OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE DWA SERVICES. YOU ACKNOWLEDGE THAT (I) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON DWA; AND DWA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES INCLUDING WA LICENSORS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Nothing in the Agreement between you and DWA will be deemed to place you and DWA in the relationship of employer‑employee, principal‑agent, or partners or joint ventures.
DWA has the right, but not the obligation, to monitor DWA Services to (i) determine compliance with the Agreement and/or any standards or requirements established by DWA; and (ii) satisfy any law, regulation or authorized government request.
The invalidity or unenforceability of a particular provision of the Terms will not affect the other provisions hereof, and the Terms will be construed in all respects as if such invalid or unenforceable provisions were omitted.
Applicable Law and Binding Effect
The Terms and Agreements executed in connection with your receipt of DWA Services will be governed by and interpreted under the laws of Victoria, Australia, and will inure to the benefit of and be binding upon the parties hereto and their heirs, personal representatives, successors and assigns. If any action, suit or proceeding is instituted as a result of any matter or thing affecting this Agreement, the parties hereby designate Victoria, Australia as the proper jurisdiction and the venue in which same is to be instituted.
Legal Fees and Costs
In the event of litigation arising under the Agreement or DWA Services, the prevailing party will recover from the non-prevailing party, in addition to available remedies at law, all reasonable court costs and reasonable legal fees incurred in any such action.
DWA shall have the right at any time to change or modify any section of these Terms. Your continued use of DWA Services after notice of the new Terms constitutes your acceptance of the new Terms.