Terms and Conditions

These terms and conditions (Agreement) govern your access to and use of the Wedding QR Code website, the application in which Albums are created and viewed, the Plans we sell and all related services (together, the Services). The Services are operated by D-EFFCON Pty Ltd (we, us or our), an Australian company.

By registering an Account, purchasing a Plan, creating an Album, uploading Content, or otherwise accessing or using the Services, you agree to be bound by this Agreement. If you do not agree to it, you must not access or use the Services.

This Agreement incorporates our privacy policy and our cookie policy by reference.

We supply the Services from Australia to customers in Australia and overseas. Where you acquire the Services as a consumer, you may have rights and guarantees under the law applicable to you that cannot be excluded by agreement. Nothing in this Agreement operates to exclude, restrict or modify any such right or guarantee.

In this Agreement, unless the context requires otherwise:

• Account means the account you register in order to access the Services.
• Agreement means these terms and conditions, together with the policies incorporated into them.
• Album means a private collection created through the Services for the purpose of receiving Content in connection with an Event.
• Content means any photograph, video, name, text or other material uploaded to, stored in, or transmitted through the Services, whether by you or by a Guest.
• Event means the single event in respect of which an Album is created.
• Fees means the amounts payable for a Plan and for any add-on, as displayed at the time of purchase.
• Guest means a person who accesses an Album by means of a QR code or link issued by a Host, without registering an Account.
• Host means the holder of an Account who creates and administers an Album.
• Hosting Period means the period applicable to your Plan, determined by reference to the Event date, during which the Album remains available through the Services.
• Personal Information means information or an opinion about an individual who is identified, or who is reasonably identifiable.
• Plan means the service tier you select, together with the inclusions displayed for it at the time of purchase.
• Your Content means Content uploaded to an Album you administer, whether uploaded by you or by a Guest.

Interpretation

• The singular includes the plural and vice versa.
• "Including", "for example" and similar expressions are not words of limitation.
• Headings and section numbers are for convenience only and do not affect interpretation.
• A reference to a document or policy includes that document or policy as amended from time to time.
• A reference to writing includes email and other electronic communication.
• A reference to a party includes that party’s successors and permitted assigns.

By registering an Account or purchasing a Plan, you represent and warrant that you:

• have attained the age of majority in your jurisdiction;
• have the legal capacity to enter into a binding contract; and
• where you enter into this Agreement on behalf of another person or an entity, hold the authority to bind that person or entity.

You further represent and warrant that the information you provide to us is true, accurate, current and complete, and that you will keep it current. This includes the Event date, which determines the Hosting Period applicable to your Album.

A Guest does not register an Account. Where a Guest has not attained the age of majority, that Guest should obtain the consent of a parent or guardian before uploading Content, and a Host must not solicit Content from such a person without that consent.

You are responsible for maintaining the confidentiality of your Account credentials and for all activity conducted through your Account, whether or not authorised by you.

You must notify us promptly at [email protected] if you become aware of, or reasonably suspect, any unauthorised access to or use of your Account.

You must not sell, transfer, licence or share your Account, or permit any other person to use it.

We may decline to register an Account, and may require verification of the information you provide, at our discretion.

Subject to your compliance with this Agreement and payment of the applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services for the purpose of creating and administering an Album for your Event.

One Plan, one Event

Each Plan is licensed in respect of a single Event. Your Account, Album, QR code, link and Plan are personal to you and must not be sold, resold, transferred, assigned, sub-licensed, lent or otherwise made available to any other person, and an Album must not be cleared and reused for a different Event. A further Event requires a further Plan.

Plan inclusions

Each Plan is supplied with the inclusions displayed for it at the time of purchase. Those inclusions, and the Fees payable for them, are published on our pricing page and confirmed at checkout, which is where the current particulars of each Plan are set out.

We may add to, modify, suspend or discontinue any part of the Services, or any Plan or feature, at any time. Where a change would materially and adversely affect a Plan you have already purchased, we will not apply it to that Plan without your consent, unless the change is required to comply with the law or to protect the safety or security of users.

All Fees are quoted in Australian dollars. For customers in Australia, Fees are inclusive of GST. The Fee displayed at checkout is the Fee payable.

Fees are one-time charges for the Plan purchased and are payable in advance. The Services are not supplied on a subscription basis and no recurring charge is applied to your payment method.

Payment is processed by our payment provider, Stripe, on a checkout page hosted by Stripe, and your use of that page is subject to Stripe’s own terms. You represent and warrant that you are authorised to use the payment method you provide. We do not receive or store your full payment card details, and your receipt or tax invoice is issued through Stripe.

We may vary our Fees at any time. A variation does not affect a Plan already purchased.

Promotional and discount codes are subject to the conditions on which they are issued. Unless stated otherwise, one code may be applied per purchase, a code cannot be applied after a purchase has been completed, and codes may not be used in conjunction with any other offer. We may withdraw or expire a code at any time, which does not affect a purchase already completed using it.

We may decline or cancel an order where we reasonably suspect fraud or unauthorised use of a payment method, or where there has been an error in pricing or in the description of a Plan. Where we cancel an order, we will refund any amount paid in respect of it.

Any rights and guarantees you have as a consumer under the law applicable to you are not limited by this section.

In addition to those rights, we offer the following. If you change your mind within 30 days of purchasing a Plan, you may request a refund and are not required to give a reason. Alternatively, if no Content was uploaded to your Album by your Guests in connection with your Event, we will refund the Fees paid for that Plan on written request, provided you notify us within 14 days of the Event concluding.

Content uploaded by you is not treated as Content uploaded by a Guest for this purpose. The second of these arrangements does not apply where Guests uploaded Content that was subsequently deleted.

To make a request, contact us at [email protected] from the email address recorded on your Account, quoting your Event date and the circumstances of the request. Refunds are made to the original payment method.

Each paid Plan includes a Hosting Period. During the Hosting Period the Album is available, Guests may upload Content, and you may download Content as often as you wish. Downloading Content does not remove it from the Album. You may extend the Hosting Period at any time while it is current.

We will notify you by email before the Hosting Period ends. Those notifications form part of the Services rather than marketing communications, and are sent to the email address recorded on your Account. You must keep that address current.

On expiry of the Hosting Period the Album ceases to be available. A grace period then applies, during which the Album may be restored by extending the Hosting Period. The dates applicable to your Album are shown in your account dashboard and stated in the notifications we send you.

If the Hosting Period is not extended before the grace period expires, all Content in the Album is permanently deleted. Deletion at that point is irreversible.

Availability

We will use reasonable endeavours to keep the Services available and to notify you promptly if a material incident affects Your Content. We do not warrant that access to the Services will be continuous or uninterrupted. The Services may be unavailable during scheduled or emergency maintenance, or as a result of matters outside our reasonable control, including the acts or omissions of our suppliers and telecommunications carriers.

Your own copies

You should not rely on the Services as the sole repository for Content that is important to you. You are responsible for downloading and retaining your own copies of Your Content while the Album is available.

You retain all right, title and interest in Your Content, and a Guest retains all right, title and interest in the Content that Guest uploads. Nothing in this Agreement transfers ownership of, or copyright in, any Content to us.

You grant us, and our service providers to the extent necessary, a limited, non-exclusive, royalty-free, worldwide licence to host, store, back up, reproduce, adapt, transmit and display Your Content for the sole purpose of supplying the Services to you. That licence extends only to what is reasonably necessary to supply the Services, and terminates when the relevant Content is deleted.

Your warranties

You represent and warrant that:

• you own, or hold all necessary rights, consents and permissions in respect of, Your Content;
• Your Content does not infringe the intellectual property, privacy, moral or other rights of any person;
• Your Content does not breach any law or the Acceptable use section of this Agreement; and
• you have made your Guests aware that Content they upload is received into, and visible within, your Album.

Photographs taken by a professional photographer are ordinarily owned by that photographer. You should confirm the terms of your engagement with your photographer before uploading their work to an Album.

Removal of Content

You may remove Content from an Album at any time while it is available. Where a person requests that Content depicting them be removed, we ask that you deal with that request promptly.

Material you publish and tag us in

Where you publish material on your own public social media account and tag, mention or link Wedding QR Code in it, you grant us a non-exclusive, royalty-free licence to re-share that material on our own social media channels, including by reposting it, sharing it to a story, or featuring it in a post of our own. The licence extends to the material as you published it, and continues until you notify us that it is withdrawn.

When exercising this licence we will attribute the material to you, will share it as published rather than in edited form, and will cease using it promptly on request. A request may be made by email or by a message on the same channel, no reason is required, and it does not affect any other aspect of your Account.

You must not tag us in material you are not entitled to license in this way. A tag does not confer a permission you do not hold, and as noted above, wedding photographs are frequently the copyright of the photographer rather than of the couple. Where a photographer holds the copyright, the terms of your engagement with that photographer determine whether the material may be used to promote a business.

The Wedding QR Code name and logo, the website, the application, and all software, designs, text, graphics, templates and other materials comprised in the Services (our Materials) are owned by us or licensed to us. All rights not expressly granted under this Agreement are reserved.

The QR code designs and printable materials generated for your Album are licensed to you for use in connection with your own Event. They must not be resold, or used to provide a service to any other person.

You must not, and must not permit any person to, copy, modify, adapt, translate, reverse engineer, decompile or disassemble our Materials, remove or obscure any proprietary notice, or create any derivative work from our Materials, except to the extent permitted by law or expressly authorised by us in writing.

Intellectual property complaints

If you believe that Content accessible through the Services infringes your copyright or other intellectual property rights, contact us at [email protected] with sufficient detail to identify the Content and the right you claim, the basis of your claim, and your contact details. We will investigate and may remove or disable access to the Content concerned. A person who knowingly makes a false claim of infringement may be liable for the loss it causes.

A Guest accesses an Album by means of the QR code or link issued by the Host and does not register an Account. By uploading Content, a Guest agrees to this Agreement to the extent it applies to them.

A Guest may upload Content to the Album to which they have been given access, may remove Content they have uploaded while the Album is available, and may view the Album to the extent the Host permits.

The relationship between a Host and their Guests is a matter between them, to which we are not a party. The Host is responsible for the Content in their Album, including Content uploaded by Guests.

You must not use the Services, and must not permit any person to use the Services:

• for any unlawful purpose, or to solicit or facilitate any unlawful act;
• to upload or transmit Content that is unlawful, threatening, abusive, harassing, defamatory, obscene or otherwise objectionable;
• to upload or transmit sexual Content, or any Content that sexualises a minor;
• to upload Content depicting a person who has asked not to be depicted;
• to infringe the intellectual property, privacy or other rights of any person;
• to introduce any virus, malware or other harmful code;
• to obtain or attempt to obtain unauthorised access to the Services, to an Album you have not been given access to, or to any system or network connected to the Services;
• to circumvent, disable or interfere with any limit, security feature or other technical measure applied to the Services;
• to scrape, harvest or collect data from the Services by automated means, or to collect information about another user without their consent;
• to impair, or attempt to impair, the performance, integrity or availability of the Services; or
• for any purpose other than collecting and retaining Content in connection with the Event in respect of which the Plan was purchased.

Content constituting child sexual abuse material is reported to the appropriate authorities and the relevant Account is closed immediately.

You may terminate this Agreement at any time by closing your Account, which you may do by contacting us at [email protected]. Closing your Account results in the deletion of your Albums and all Content in them. Deletion of an Album is permanent, subject to any restoration window applicable to your Plan, so you should download anything you wish to retain beforehand.

We may suspend or terminate your access to the Services, or remove Content, where we reasonably believe that you have breached this Agreement or any law, or that doing so is necessary to protect the Services or any person. Except where the Content is unlawful or a person is at risk of harm, we will where reasonably practicable notify you first, identify the issue, and give you a reasonable opportunity to remedy it.

Where we suspend, terminate or remove in error, we will restore what remains capable of restoration and refund the Fees paid in respect of any part of the Services that cannot be restored.

Termination does not affect any right or remedy accrued before termination. The Your Content, Intellectual property, Limitation of liability, Indemnity, General provisions and Governing law and jurisdiction sections survive termination, together with any other provision that by its nature is intended to survive.

We collect, hold, use and disclose Personal Information in accordance with our privacy policy, which forms part of this Agreement. Our cookie policy describes what is stored on your device and how you may change your choices.

By using the Services you consent to the handling of Personal Information as described in those policies, and you warrant that the information you provide is accurate.

Where you provide us with Personal Information about another person, including a Guest, you warrant that you are entitled to do so.

The Services rely on third-party providers, including Stripe for payment processing and other providers for hosting and the delivery of email. The website may also contain links to websites operated by third parties.

We do not control, and do not endorse or accept responsibility for, any third-party website or service, or any content, goods or services available through it. Your use of a third-party website or service is at your own risk and is governed by that party’s own terms.

Where you provide us with feedback, suggestions or ideas concerning the Services (Feedback), you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use and exploit that Feedback without restriction and without obligation to you. Feedback is provided voluntarily and is not confidential.

We publish a testimonial, review or Album only with the prior consent of the person who provided it. You may withdraw that consent at any time by contacting us, and we will cease further publication.

This section applies to the maximum extent permitted by law, and is subject to any right, guarantee or remedy that the law applicable to you does not permit to be excluded, restricted or modified.

To the extent that we are permitted at law to limit our liability for a failure to comply with a consumer guarantee in relation to services, our liability for that failure is limited, at our option, to supplying the services again or to paying the cost of having the services supplied again.

In any other case, and to the maximum extent permitted by law, our aggregate liability to you arising out of or in connection with this Agreement or the Services, whether in contract, tort (including negligence), under statute or otherwise, is limited to the Fees you have paid to us in respect of the Plan to which the liability relates.

To the maximum extent permitted by law, we are not liable for any Consequential Loss. Consequential Loss means any indirect or consequential loss, and any loss of profit, revenue, business, opportunity, goodwill, reputation or anticipated saving, and any loss or corruption of data, however arising.

We are not liable for any loss to the extent that it is caused or contributed to by you, by a Guest, or by a matter outside our reasonable control, including your device, your internet connection, a venue network, or a Guest choosing not to upload Content.

Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded at law.

You indemnify us, and our officers, employees and agents, against any liability, loss, damage, cost or expense (including reasonable legal costs) suffered or incurred in connection with a claim made by a third party arising out of Content in an Album you administer, your breach of this Agreement, or your breach of any law or of the rights of any person.

This indemnity is reduced proportionately to the extent that our own breach of this Agreement, negligence or wilful misconduct caused or contributed to the liability, loss, damage, cost or expense.

Where we seek to rely on this indemnity we will notify you promptly of the relevant claim, consult with you as to its conduct, and will not settle or compromise the claim without your prior consent.

Neither party is liable for any failure or delay in performing its obligations under this Agreement, other than an obligation to pay money, to the extent that the failure or delay is caused by an event beyond that party’s reasonable control, including natural disaster, fire, flood, epidemic or pandemic, act of war or terrorism, industrial action, failure of a telecommunications or power network, government action, or the failure of a third-party service on which the Services depend.

The affected party must notify the other as soon as reasonably practicable and use reasonable endeavours to mitigate the effect of the event. If such an event continues for a prolonged period, either party may terminate this Agreement by notice, and we will refund the Fees paid in respect of any part of the Services not supplied.

We may amend this Agreement from time to time, including to reflect a change in the Services, in our operations, or in applicable law. An amendment takes effect on the date the amended Agreement is published on our website, and the effective date shown at the top of this page is updated accordingly.

Where an amendment materially affects your rights, we will use reasonable endeavours to notify Hosts with an active Album by email before it takes effect. Your continued use of the Services after an amendment takes effect constitutes your acceptance of it.

If you have a complaint, please contact us first at [email protected], setting out the nature of the complaint and the outcome you are seeking. We will acknowledge your complaint and work with you in good faith to resolve it.

If a dispute is not resolved within a reasonable period after notification, either party may refer it to mediation by a mediator agreed between the parties or, failing agreement, nominated by a recognised mediation body. The parties bear the costs of the mediator equally, and each party bears its own costs of participating.

Nothing in this section prevents either party from seeking urgent injunctive or declaratory relief from a court, and nothing in this section limits your right to bring a claim in any court or tribunal of competent jurisdiction, or to make a complaint to a consumer protection regulator.

You agree that we may give you notices and other communications relating to the Services electronically, including by email to the address recorded on your Account and by posting to our website or your account dashboard. A notice sent by email is taken to be received on the day it is sent, unless the sender receives an automated notification of non-delivery.

Notices to us must be sent to [email protected].

Where you indicate acceptance of this Agreement or of any other term by electronic means, including by selecting a checkbox or a button, that acceptance is binding on you and has the same effect as a handwritten signature.

Entire agreement

This Agreement constitutes the entire agreement between you and us in relation to the Services and supersedes all prior representations, negotiations and agreements, whether oral or written. This clause does not exclude liability for fraudulent misrepresentation, or any right or remedy conferred by law that cannot be excluded by agreement.

Assignment

We may assign, novate or otherwise deal with our rights and obligations under this Agreement, including in connection with a sale or reorganisation of our business, provided that doing so does not adversely affect your rights. You may not assign or otherwise deal with your rights or obligations under this Agreement without our prior written consent.

Severability

If any provision of this Agreement is or becomes invalid, illegal or unenforceable, it is to be read down to the extent necessary to make it valid and enforceable or, if it cannot be read down, severed, without affecting the remaining provisions.

Waiver

A failure or delay by a party in exercising a right or remedy under this Agreement does not operate as a waiver of that right or remedy, and the waiver of a breach does not operate as a waiver of any subsequent breach.

Relationship of the parties

Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between the parties.

This Agreement is governed by the laws of Australia, and the parties submit to the non-exclusive jurisdiction of the Australian courts and of the courts of appeal from them.

Nothing in this section prevents you from bringing proceedings in any jurisdiction in which you are entitled at law to do so, including in the state or territory in which you reside.

Questions about this Agreement may be directed to [email protected].

Wedding QR Code is operated by D-EFFCON Pty Ltd, Australia.