These terms and conditions apply to the use of our website located at www.birchceremonies.com (Our Website) (Website Terms and Conditions). In using Our Website, you agree to be bound by these Website Terms and Conditions, as a legal agreement between us, Birch Ceremonies (ABN 52 268 502 261 ) (“we”, “us”) and you, the user of Our Website (“you”, “your”).
2. Specific Warnings
You must not access or use Our Website (a) in a way that violates these Website Terms and Conditions, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing Our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of Our Website or any linked website. Whilst we have no reason to believe that any information contained on Our Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep Our Website updated. Responsibility for the content of advertisements appearing on Our Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Unless otherwise indicated, copyright and other intellectual property rights in Our Website (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Website Terms and Conditions, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of Our Website; or
commercialise any information, products or services obtained from any part of Our Website, without our written permission.
All trademarks appearing on Our Website belong to their respective owners.
We reserve all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site unless we have given express written permission. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
4. Restricted Use
Unless we agree otherwise in writing, you are provided with access to Our Website only for your personal use. You may not without our written permission on-sell information obtained from Our Website.
5. Linked Websites
Our Website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
This disclaimer set out in these Website Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of Our Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through Our Website. You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these Website Terms and Conditions.
7. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
8. Termination of Access
Access to Our Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
9. Amendments to Website Terms and Conditions
We reserve the right to amend these Website Terms and Conditions from time to time. Amendments will be effective immediately upon notification on Our Website. Your continued use of Our Website following such notification will represent an agreement by you to be bound by these Website Terms and Conditions as amended.
10. Governing Law
These Website Terms and Conditions are governed by the laws in force in the State of South Australia, Australia.