TERMS OF USE - IMPORTANT

Virtually Married maintains this website (the "Site") as a service to its customers (the "Users"). Please review the following terms and conditions carefully. This Terms of Use Agreement (the "Terms of Use") is a legally binding contract between each User and Virtually Married regarding Users' access to and use of the Site. By accessing the Site, the User agrees to the terms and conditions as outlined in this legal notice. Virtually Married reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on the Site. User's continued use of the Site following any such change constitutes an agreement to follow and be bound by the terms and conditions as changed. If a User does not agree with any part of the following terms and conditions, she/he must not use this Site.

1. Ownership.
This site is the property of Virtually Married. None of the content or data found in this Site may be copied, reproduced, republished, sold, transferred, modified or distributed in any way without the prior written consent of Virtually Married. Trademarks, logos, images and service marks displayed on the Site are the property of either Virtually Married or other third parties. Users agree not to display or use such marks without prior written consent of Virtually Married.

2. Use of Site.
Users may only use this Site for legitimate purposes and shall not use this Site to make any speculation, false or fraudulent representations, including but not limited to speculative, false or fraudulent reservations or reservations in anticipations of demand. Users may not use any "robot", spider" or other automatic devices on a program, algorithm on methodology having similar processus or functionality, or to monitor or copy any web pages, date or content found on the Site, in any case without the prior written consent of Virtually Married. We do not put any third party advertising on this site. However, you agree to allow Virtually Married to promote the Service via your personal website through the use of any text, links, graphics or any other medium at the discretion of Virtually Married. Further, the User agrees to allow Virtually Married to use any communications between the User and Virtually Married for promotional purposes. The User also agrees to allow Virtually Married to use the final product for promotional purposes. However, should any User wish for this not to be the case, please contact info@virtually-married.com.au.

3. Rules and Conduct.
In consideration of the availability, and their use of the Services, each User agrees, while visiting the Site, not to: (a) post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site, the Services or the Internet; (b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; (c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (d) post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; (e) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Site or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or right holder; (f) impersonate of falsely represent the association of a User with any person, including a Virtually Married moderator; and (g) use, reproduce, sell, resell or otherwise exploit the Site or any of the Services for any commercial purposes.

4. Payment
Virtually Married reserves the right to change the amount of, or basis for determining, any Fees for the service, and to institute new Fees or terms at any time effective upon notice to Users, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Services. In connection with the foregoing, each User warrants that: (a) she/he is of the age of majority in the jurisdiction in which she/he reside, (b) all information she/he submits is true and correct (including without limitation all credit card information), and (c) she/he is the cardholder of the credit card designated by the User for the service. Payments are to be made within 14 days of the date of invoice with a 50% non-refundable deposit being made upon the placing of your order and the remaining 50% payable upon completion of your website. Any User who has an outstanding balance of more than 14 days may have their account suspended, and no further work will continue on the website until paid. Any User who has an outstanding balance of more than 45 days may have their account terminated without reinstatement, and all monies paid will remain with Virtually Married.

5. Acknowledgement.
In consideration of the availability, and use by the User, of the Service, Users acknowledge and agree: (a) to the Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Service Description, (b) that Users are solely responsible for all acts or omissions that occur through their Account, (c) that the Service is for the personal, non-commercial use of Users and same agree not to resell, distribute, transfer, share or otherwise use any Service, and (d) that Virtually Married reserves the right to suspend or terminate the Account of a User and her/his use of a Service at any time, including without limitation, where Virtually Married has determined, in its sole discretion, that the use of the Service by a User is, or was, in breach of the Terms and Conditions. Any such termination by Virtually Married shall be in addition to and without prejudice to such rights and remedies as may be available to Virtually Married, including injunction and other equitable remedies.

6. Dealing with Third Parties.
At certain places on this Site, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by individuals, institutions, or organisations independent of Virtually Married. Virtually Married does not endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficiency, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficiency and timeliness. Virtually Married does not assume any responsibility or liability for any communications or materials available at such linked sites. Virtually Married assumes no responsibility whatsoever for any charges that users incur when making purchases or other transactions in this manner.

7. Indemnification.
Users are entirely responsible for maintaining the confidentiality of their password and account. Furthermore, Users are entirely responsible for any and all activities which occur under their account. Users agree to indemnify, defend and hold harmless Virtually Married from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from their use of our services, the violation by Users of the Terms of Service or the infringement by Users of any intellectual property or other right of any person or entity. Users agree to immediately notify Virtually Married of any unauthorised use of their account or any other breach of security known to them.
 

8.  Termination.

Virtually Married may terminate access by Users to the Site and/or the provision of any of the services offered by Virtually Married at any time for any reason, including any improper use of this Site or Users' failure to comply with these Terms and Conditions. Such termination shall not affect any other right to relief which Virtually Married may be entitled to, at law or in equity. Upon termination of this Terms of Use, all rights granted to Users will terminate and revert back to Virtually Married.

9. Entire Agreement.

These terms and conditions constitute the entire agreement between each User and Virtually Married. Additionally, these terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in these terms and conditions are included for convenience only. Users acknowledge that they have read the Terms of Use, understand it, and agree to be bound by it. Users further agree that it is the complete and exclusive statement of the agreement between Users and Virtually Married which supersedes any proposed or prior agreement, oral or written, and any other communications between Users and Virtually Married relating to their use of the Site.

10. Governing Law.

These terms and conditions and its performance shall be governed by the laws in force in the State of Victoria, Australia. Users consent and submit to the exclusive jurisdiction of the Courts and Tribunals of the State of Victoria, Australia, in all questions and controversies arising out of their use of the Site and these terms and conditions.