Terms + Conditions

Herewith “Watch My Wedding” may be referred to as “Us/We”; “Customers” or “Potential Customers” may be referred to as “You”. “The Service” refers to the live and/or delayed replay of your event. “The Equipment” refers to equipment supplied to The Customer, by Watch My Wedding, for the purposes of accessing The Service. “E-Guest” refers to an electronic-guest as a viewer of the live-stream by means of operating a single playback window only. The Watch My Wedding website (located at “http://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. You may link to the Site home page (https://watchmywedding.co.nz) only from your website (not any live-stream pages), provided that your website does not imply any endorsement by or association with Watch My Wedding. You acknowledge that Watch My Wedding may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.

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 agree to notify guests at your event that during their attendance, their image may be recorded and published on your streaming webpage.

In the case of on-site service, employees of Watch My Wedding are obligated to invoke immediate, non-refundable termination should they feel their safety be at risk at any time.

5. YOUR RESPONSIBILITIES

You are required to meet Your obligations, which include but are not limited to:

  • Adherence to agreed schedule on the wedding day. Changes to your schedule may impact Our ability to thoroughly test and prepare The Service before Your wedding ceremony commences.
  • Adherence to the agreed number of E–Guests. Exceeding this number will adversely affect, or cause catastrophic failure of, The Service.
  • Accurate provision of information requested in your online Event Form.

6. 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. COPYRIGHTS

The Customer declares ownership of; or has obtained permission to; broadcast/rebroadcast any creative material captured by The Service, including but not limited to copyrighted music, video or artwork.

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.

We may include our own photographs of your venue in our own Marketing channels.

8. PRIVACY POLICY

We agree to protect your personal information as described in the Privacy Policy published on the Site.

By using The Service, The Customer states they have notified their guests and obtained permission for Watch My Wedding to capture their image and speech for the purposes of providing The Service.

9. Third-Party Content

In addition, the Watch My Wedding Service may contain links to websites that are not owned or controlled by Watch My Wedding. Watch My Wedding assumes no responsibility for the content, privacy policies, or other practices of third-party websites. You are encouraged to read the terms and other policies of such websites. By using the Service, you agree that Watch My Wedding shall not be liable in any manner due to your use of any third-party website.

10. CHARGES

You agree that Watch My Wedding may charge to Your credit card or other payment mechanism selected by You and approved by Watch My Wedding (“Your Account”) all amounts due and owing for the Services, including Booking Fees, Service fees, Set Up Fees, Overage Fees, Bond Payments or any other fee or charge associated with Your use of the Services. Watch My Wedding may change prices at any time without prior notice. You agree that in the event Watch My Wedding is unable to collect the fees owed to Watch My Wedding for the Services through Your Account, Watch My Wedding may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Watch My Wedding in connection with such collection activity, including collection fees, court costs and attorneys fees. You further agree that Watch My Wedding may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

10.2 FEES PAID FOR ONSITE SET UP

The duration of the Onsite Set Up option 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.

10.1 DAMAGE TO THE EQUIPMENT

Damage or loss of The Equipment

If any part of The Equipment is damaged, or not returned, the equipment will undergo a diagnostic examination where possible, and may result in forfeiture of Bond.

11. REFUND POLICY

Cancellations

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 will not support 3G connectivity, AND your cancel the service 60 days or more before the service, you will receive a full refund of your Booking Fee. Where less than 60 day’s notice is provided, no refund will be given.

Should you discover on the day of your event that your venue has limited or no 3G connectivity, no refund will be issued. We strongly recommend visiting the venue beforehand to test the connectivity available to you.

We therefore strongly recommend visiting the venue beforehand to test the connectivity available to you, or contact us directly for advice.

Postponements

  • 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.

In the case of technical failure

If The Service fails on the day, you may be entitled to a refund if:

  • The failure was due to a reasonably avoidable failure of The Equipment
  • The failure was due to a reasonably avoidable failure of our server(s) which hosts your live-stream video (unless this failure is due to non-compliance with Your Responsibilities outlined in Item #4).

You will NOT be entitled to a refund if the failure is due to:

  • Failure to meet to Your Responsibilities outlined in Item #4
  • Failure to follow the Set-Up Instructions provided (where you are setting up the equipment)
  • Your mis-handling or damaging the Equipment (including but not limited to, impact , exposure to liquids or otherwise mishandling the electronic components of the Equipment provided to you).
  • Failure of technologies outside our control (for example insufficient cellular-data service with the mobile-providers and frequency-bands supported by The Equipment)

In the case of a technical Failure, Watch My Wedding will perform a full diagnostic within a reasonable time-frame, before any Refunds will be issued.

The results of the diagnostic process are final.

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.

12. 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 technologies associated with the Services.

13. TERMINATION

a) You may terminate your Agreement with us by providing written notice to Watch My Wedding via e-mail to info@watchmywedding.co.nz

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.

b) This Agreement and Your Service will be Terminated immediately if any Watch My Wedding staff member is; or perceives themselves to be; threatened in any way.

14. 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 sufficient mobile data connectivity by 2degrees, Spark or Vodafone. We accept no responsibility for poor quality or failed streaming caused by connectivity which is unavailable, interrupted or degraded.

15. 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). Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

16.INDEMNIFICATION

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.

17. 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.

18. 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.