Herewith “Watch My Wedding” may be referred to as “Us/We”; “Customers” or “Potential Customers” may be referred to as ”You”. The Watch My Wedding website (located at “http://www.watchmywedding.co.nz”) may be referred to as “The Site/This Site/Our Site”.
1. ACCEPTANCE OF TERMS
Watch My Wedding provides its Service (as defined below) to you subject to this Terms of Service agreement (“TOS”). We may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes. By continuing to use the Service, you signify your binding acceptance of the TOS, as published on the Watch My Wedding website.
2. DESCRIPTION OF SERVICE
Our “Service” includes (a) the Site, (b) the services provided by the Site, (c) the hardware (Streaming Unit) provided to you, (d) the Watch My Wedding software made available through the Site, and (c) all data, text, images, sounds, video, and software made available through the Site. Any new features added to or augmenting the Service are also subject to this TOS.
3. PERMISSION TO USE THE SERVICE
You may access the Service provided that you are in compliance with all provisions of this TOS. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service.
4. USER CONDUCT
Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:
- Using the Service to promote, conduct, or contribute to fraudulent and/or illegal activities.
- Using the Service to violate anyone’s privacy rights.
- Disrupting, circumventing, or interfering with any part of the Service; or using an automated process to cause greater demand on the Service than a single person could produce.
You also agree to notify guests at your event that during their attendance, their image may be recorded and published on your streaming webpage.
5. CONTRIBUTIONS TO THE SERVICE
Your License to Us: Content
You will remain the owner of all communications, uploads, video, and other content you post, upload, store, or transmit through the Site (your “Content”). For the avoidance of doubt, you will remain the sole and exclusive owner of the Content. Your Content will not be used to promote our Service without your express consent.
7. FEES AND CHARGES
You agree that We may charge You for all amounts due and owing for the Services, including Deposits, Service fees, Set Up Fees, Late Fees, Bond Payments, or Damages; or any other fee or charge associated with Your use of the Services.
You agree that in the event that We are unable to collect the fees owed to Us for the Services provided to You, We may take any other steps it deems necessary to collect such fees from You. Further, You will be responsible for all costs and expenses incurred by Us to collect such fees, including collection fees, court costs and attorneys fees. You further agree that We collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
7.1 DAMAGE TO THE EQUIPMENT
If the Equipment is Damaged or Broken whilst in your possession, You will be required to pay for any repairs to the hardware.
7.2 TECHNICAL SUPPORT
The duration of the support will be no longer than 2 hours on site, at one location. Our technician will arrive approximately 30 minutes before Your wedding Ceremony in order to ascertain the best setup location for the Unit. The Unit will be packed up after the ceremony and will not be left on the premises under any circumstance.
8. REFUND POLICY
Cancellation of service must be provided to Us in writing (see Item 10: TERMINATION). Depending on the amount of time you have provided, your deposit may or may not be refunded as follows:
- Over 45 days notice: 100% of Deposit will be returned
- Less than 45 days but more than 14 days: 50% of Deposit will be returned
- Less than 14 days notice: No refund of funds
Cancellation due to Technical limitations
If you discover that your wedding venue does not have network connectivity, AND your cancel the service AT LEAST 14 days before the service, you will receive a full refund. Where less than 14 days notice is provided, a 50% refund of monies paid will be given. Where less than 48 hours notice is provided, no refund will be given.
We therefore strongly recommend visiting the venue beforehand to test the connectivity available to you, or contact us directly for advice.
- Where your event is delayed by no more than 60 days, your Deposit will continue to hold your reservation. No refund of the Deposit will be issued if we cannot provide a recording unit on your rescheduled date.
- For events delayed by more than 60 days, the event is considered to be Cancelled. We will refund your Deposit and create a new Booking and a new Deposit will be required to secure the rescheduled date.
Refunds due to connectivity issues
As explained throughout the Site, The Service is reliant on the availability of a 3G data connection provided by 2degrees/Spark and Vodafone. No refunds will be issued for poor quality or failed streaming caused by connectivity which is unavailable, interrupted or obscured.
9. PROPRIETARY RIGHTS
Watch My Wedding and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Watch My Wedding’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
You may terminate your Agreement with us by providing written notice to Watch My Wedding via e-mail to email@example.com
Such termination will be effective on the date of receipt, subject to (45) days prior written notice for Refund requests (see more under ‘Item 8: Refund Policy’). If You fail to comply with any provision of this Agreement, Watch My Wedding may terminate this Agreement immediately without notice.
11. DISCLAIMER OF WARRANTIES
*READ THIS CAREFULLY* You understand and agree that your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis and to the fullest extent permitted by law, We expressly disclaim all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and accuracy.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from Watch My Wedding or through the Service shall create any warranty not expressly stated in this TOS.
As explained throughout the Site, The Service is reliant on the availability of a 3G data connection 2degrees/Spark and Vodafone. We accept no responsibility for poor quality or failed streaming caused by connectivity which is unavailable, interrupted or obscured.
12. LIMITATION ON LIABILITY
*READ THIS CAREFULLY* TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WATCH MY WEDDING OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WATCH MY WEDDING, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WATCH MY WEDDING, ITS AFFILIATES, SUPPLIERS, AND RESELLERS, MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
You agree, at your own expense, to indemnify, defend, and hold harmless Watch My Wedding, its employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to use of or access to the Service.
14. GOVERNING LAW
This TOS shall be exclusively governed by and construed under the Consumer Guarantees Act of New Zealand, without giving effect to any choice-of-law or conflict-of-laws provisions. All legal claims, suits or actions related to this TOS will be subject to the jurisdiction of the courts of New Zealand.
15. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred.