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MARKETPLACE TERMS AND CONDITIONS

Welcome to Bridal Dream, Australia’s first secure wedding attire share platform.

 

The Bridal Dream online platform (Platform) is operated by Bridal Dream Pty Ltd ABN 24 630 296 972, its successors and assignees (we, our or us).  You can access the Platform at www.bridaldream.com.au, which may also be available through other addresses or channels.

 

In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects those with wedding dresses and other bridal and wedding attire (Wedding Attire) for hire (Lender) to those wishing to hire Wedding Attire (Renter).

 

Acceptance

 

By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you or a user) (i) warrant to us that you have reviewed these terms and conditions including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (iii) agree to use the Platform in accordance with these Terms. You must not use the Platform unless you are at least 18 years old.

 

These Terms supplement and incorporate our policies and terms and conditions posted on the Platform.

 

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

Platform Summary

 

The Platform provides an introductory service for Lenders and Renters to find and rent, or rent out, Wedding Attire.

A Lender with Wedding Attire to rent

(i) creates an account on the Platform and

(ii) posts an accurate and complete description of Wedding Attire available to be rented (including the rental fee to be paid by the Renter, the availability of Wedding Attire through an on-Platform availability calendar, applicable delivery fees, applicable dry cleaning fees and other information we request in order for you to create a comprehensive listing) (Listing). The Listing must set out whether Wedding Attire is available for three, seven or 14 days, and whether Wedding Attire is available for pickup or delivery. Lenders are responsible for ensuring that the calendar of availability displayed on a Listing is kept up to date and accurate.

A Renter in need of Wedding Attire

(i) creates an account on the Platform,

(ii) reviews the Listings uploaded by Lenders and

(iii) makes a request for a booking (Booking Request) which is sent to the Lender through the Platform. The Booking Request must specify the desired rental period (either a three, seven or 14 day rental period) and the start and end dates of the rental (the Rental Period) and whether the Renter wishes to pick up the Wedding Attire or have the Wedding Attire delivered.

If a Lender desires to provide Wedding Attire to a Renter, the Lender may accept the Booking Request (which becomes a Booking). Payment of the Wedding Attire rental fees (Rental Fees) will be taken at the time of making a Booking Request.

If the Renter chooses to have Wedding Attire delivered, then delivery charges will be added at checkout unless the Lender chooses to include delivery fees in the Rental Fee. Renters and Lenders must use registered post when sending or return Wedding Attire. Where possible, express post should also be selected as the delivery option.

If a Renter wants to raise a dispute regarding a Booking, the Renter must contact us within 48 hours of the scheduled start of the Rental Period.

You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform.

We are not a party to any agreement entered into between a Lender and a Renter. We have no control over the conduct of Lenders, Renters or any other users of the Platform.

We accept no liability for any aspect of the Renter and Lender interaction, including but not limited to the description of Wedding Attire or the delivery of Wedding Attire.

 

Wedding Attire Delivery (if applicable to your Booking)

 

When a Lender accepts a Booking Request, the Platform will populate a delivery form containing the relevant details for: (i) a Lender to dispatch the requested Wedding Attire to a Renter; and (ii) with respect to the Renter returning Wedding Attire to the relevant Lender, for a Renter to dispatch the Wedding Attire on the final day of the Rental Period, or if that day falls on a Sunday or a public holiday (in the state or territory in which the sender is located), the following business day. We will endeavour to send Renters email and SMS reminders to return Wedding Attire and for Lenders to dispatch Wedding Attire.

We are not involved in the delivery of Wedding Attire from the Lender to the Renter or from the Renter to the Lender. You are solely responsible for ensuring Wedding Attire is received and dispatched in accordance with the Booking.

You must always use registered post when sending or returning Wedding Attire, and Wedding Attire must be signed for on delivery.

Lenders must ensure Wedding Attire is received by the Renter on or prior to the commencement of the Rental Period. Each Lender is to arrange delivery of Wedding Attire following acceptance of a Booking Request from the Renter (if pick-up is not accepted). Each Lender acknowledges and agrees they must ensure Wedding Attire is delivered to the Renter on the day the Rental Period commences, using express postage. Lenders must include return postal envelopes or return postal slips with Wedding Attire, for the Renter to use when returning Wedding Attire to the Lender.

Renters must ensure Wedding Attire is received by the Lender on or prior to the expiry of the Rental Period. Each Renter acknowledges and agrees it will arrange delivery of Wedding Attire to ensure its receipt by the Lender on or before the last day of the Rental Period at its own cost.

 

Registration and Profiles

 

You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform, including to create Listings and book Wedding Attire.

You may only have 1 Account as a Lender and 1 Account as a Renter on the Platform.

You must provide basic information when registering for an Account including name, email address, and location.

We may request additional information, including details of your drivers’ licence, evidence of any public liability insurance and details of your technical expertise so that we can verify your identity. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.

You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.

You will immediately notify us of any unauthorised use of your Account.

At our sole discretion, we may refuse to allow any person to register or create an Account.

 

Title and risk

 

Renters agree that:

(1)           they use Wedding Attire at their own risk. Risk in Wedding Attire and all responsibility for theft, damage and replacement passes to the Renter immediately upon delivery of the Wedding Attire;

(2)           they assume all risk and liability for loss, damage or injury to persons or property belonging to the Renter or third parties, arising out of the use, custody or control of Wedding Attire.

 

Title in Wedding Attire remains with the Lender at all times.

Each Renter agrees it must not sell, hire, lease or otherwise deal with Wedding Attire unless otherwise agreed with the relevant Lender. Each Lender agrees they are solely responsible for any Australian Consumer Law obligation which may arise out of any Bookings.

 

Ratings and Reviews

 

Renters may rate Listings (Rating) and may provide feedback regarding Bookings and the relevant Wedding Attire (Review).

Ratings and Reviews can be viewed by any user and will remain viewable until the relevant Lender’s or Renter’s Account is removed or terminated.

You must provide true, fair and accurate information in any Review you post.

If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the user from posting the Review. We do not undertake to review each Review made on the Platform.

To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You may not publish Reviews for Lenders to which you have personal or professional relations.

 

Fees and Payments

 

You do not have to pay a fee to register for an Account or to access and use the Platform.

Whilst Renters do not need to pay a fee for use of our Platform introductory services (Services), they acknowledge that the use of the Services may result in charges to them for Wedding Attire they rent, including any applicable insurance, delivery fees and taxes (Rental Fee). For the avoidance of doubt, each Lender is solely responsible for taking out any insurance for Wedding Attire they offer for hire.

Renters are required to pay upfront the applicable Rental Fees in respect of a Booking.

Goods and Services Tax (GST) will be charged where applicable.

Renters must pay Rental Fees via our third party payment services provider. Payment of Rental Fees will be processed upon receipt of a Booking Request. You must not pay, or attempt to pay Rental Fees through any fraudulent or unlawful means. If your payment is not able to be successfully processed then the Booking Request may be cancelled. If a Lender rejects a Renter’s Booking Request, then payment will be returned to the Renter.

Our service fee (Service Fee) is a percentage of the Rental Fee, excluding delivery fees and dry-cleaning fees, and will be set out on the Platform.

Each Lender acknowledges and agrees: that our Service Fee is payable between the Lender and us upon payment of the Rental Fee; the Service Fee will be deducted from the Rental Fee and will be paid, via our third party payment services provider, to us. The remaining balance (less any fees payable to our third party payment processor) will be paid via our third party payments services provider to the Lender.

In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel your purchase for any reason and further you agree to satisfy all such payments made, with exception to action taken under the Refund and Cancellation Policy set out in these Terms.

If you make a payment by debit or credit card, you warrant that the information provided to our payment facility provider is true, accurate and complete, that the User is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that you will maintain sufficient funds in the account to cover the Rental Fee.

Each Renter acknowledges that we facilitate the supply of Wedding Attire and we do not offer any Wedding Attire whether for hire to a Renter. Since we are only a facilitator in introducing Renters to Lenders and providing a system in which to make safe payment, subject to the cancellation and Refund and Cancellation Policy below, the Renter must resolve any issues regarding refunds of Rental Fees with the relevant Lender themselves.

Our pricing structure or payment methods may be amended from time to time at our sole discretion.

 

Offers and Promotions

 

We may, from time to time, make offers or promotions which may be applicable to the Services.

The conditions of such offers or promotions will be specified on the Platform.

You understand and agree that we may, at our sole discretion, remove or extend any offers or promotions, and we will not be responsible or liable for any potential loss or damage which you incur as a result of the removal or extension of any offers or promotions.

 

Limited Payment Collection Agent

 

Each Lender appoints us as the Lender’s limited payment collection agent solely for the purpose of accepting the Rental Fees from the Renter.

Lenders agree that payment of Rental Fees by a Renter to us (as your limited payment collection agent) is to be considered the same as payment made directly by the Renter to the Lender and the Lender will provide Wedding Attire to the Renter as agreed, as if the Lender had received payment directly from the Renter.

Each Lender agrees that we may refund Renters in accordance with these Terms. Each Lender agrees that our obligation to pay the Lender is subject to and conditional upon successful receipt of the relevant payments from Renters.

We guarantee payment to Lenders only for such amounts that we have successfully received from Renters in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Lender, we assume no liability for acts or omissions of the Lender.

In the event that we do not remit Rental Fees as set out in the Fees and Payment clause above, Lenders will only have recourse against us and not the Renter directly.

 

Refund and Cancellation Policy

 

If you are a Lender seeking a refund of the Service Fee, you should contact us directly to discuss any issues regarding refund.

Any cancellation, exchange, return or refund of Wedding Attire is strictly a matter between the relevant Renter and Lender. The terms and conditions agreed to between the Renter and Lender should be set out clearly in the Listing in respect of Wedding Attire.

 

Licence to use our Platform

 

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

 

Prohibited conduct

 

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

using our Platform to defame, harass, threaten, menace or offend any person;

interfering with any user using our Platform;

tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;

using our Platform to find a Renter or Lender and then completing a transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;

as a Lender, offering Wedding Attire that you cannot provide, or are not entitled to provide;

as a Renter, making any offers to Lenders that you do not intend to offer;

using our Platform to send unsolicited email messages; or

facilitating or assisting a third party to do any of the above acts.

 

Exclusion of competitors

 

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

 

Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

 

Information

 

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

 

Intellectual Property rights

 

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

 

You must not, without the prior written consent of ourselves or the Lender of the Content (as applicable):

 

(a)           copy or use, in whole or in part, any Content;

(b)           reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)            breach any intellectual property rights connected with our Platform, including (without limitation) by:

(1)           altering or modifying any of the Content;

(2)           causing any of the Content to be framed or embedded in another website; or

(3)           creating derivative works from the Content.

 

User Content

 

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

If you post a photo on any social media channels, including but not limited to Facebook or Instagram, and you tag us, then you provide us with a licence to re-post the image or photo you tagged us in on our own social media platforms or on our Platform. You may ask us to take down any such image or photo by emailing us using the email address at the bottom of these Terms.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that:

(a)   you are either the sole and exclusive lender of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b)  neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

Consumer Guarantees

 

(a)           Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (Statutory Rights).

(b)           Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

(c)            The goods provided by a Lender may also confer you certain Statutory Rights.

 

Warranties, disclaimers and indemnity

 

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Lenders, Renters, Wedding Attire or Listings including (without limitation) that:

(a)           they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)           access will be uninterrupted, error-free and free from viruses;

(c)            our Platform will be secure;

(d)           Wedding Attire will be requested by Renters or that Renters will find desirable Wedding Attire;

(e)           Wedding Attire meets the Listing description.

You read, use, and act on our Platform and the Content at your own risk. Lenders offer their Wedding Attire for rent at their own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate Liability arising from or in connection with these Terms (including the Services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; and

(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

  1. loss of, or damage to, any property, or any injury or loss to any person;
  2. failure or delay in providing the Platform or our Services; or
  3. breach of these Terms or any law,where caused or contributed to by any:
  4. event or circumstance beyond our reasonable control;
  5. a fault, defect, error or omission in your computing environment; or act or omission of you or your related parties
  6. and, in any event, any defect or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to Wedding Attire.

(d)  You acknowledge and agree that (i) you use the Platform or our Services at your own risk, (ii) the provision of the Platform or our Services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

(e)  You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(f) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

(g)  This clause will survive the termination or expiry of these Terms.

 

Termination

 

(a) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you cancel or deactivate your Account as a Lender, any Bookings will be automatically cancelled and your Renters will receive a full refund. If you cancel your Account as a Renter, any Bookings will be automatically cancelled and no refunds will be made.

(b)  At our sole discretion, we may suspend your Account or terminate these Terms by giving you 5 business days’ notice if

(i) you are in breach of these Terms, any applicable laws, regulations or third party rights

(ii) as a Lender your Listings or Wedding Attire at any time fail to meet any applicable quality or eligibility criteria,

(iii) you have received poor Reviews or Ratings or we have received complaints about you including due to repeated cancellations of Bookings.

(c)  If we suspend your Account or terminate these Terms, we will cancel any existing Bookings and in the case of a Lender breach, refund the relevant Renters, and in the case of a Renter breach, you will lose any amounts paid.

 

Disputes

 

We encourage Lenders and Renters to attempt to resolve disputes (including claims for returns or refunds) with other users directly. If a Lender and a Renter cannot resolve a dispute, we will make a decision and that decision is binding on the Lender and the Renter. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

Insurance

 

We recommend that Lenders obtain appropriate insurance for supplying Wedding Attire. If you are a Lender and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.

 

Lenders may set out that up to 70% of the original recommended retail price (RRP) of the Wedding Attire is chargeable to the Renter if Wedding Attire is lost, stolen or irreparably damaged. Lenders must retain copies of original purchase receipts as proof of original purchase price.

 

General

 

Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

 

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

 

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

 

For any questions and notices, please contact us at:

 

Bridal Dream Pty Ltd ABN 24 630 296 972

 

Email: hello@bridaldream.com.au

 

Last update: 11 December 2018

 

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