MY CELEBRANT

CELEBRANT TERMS AND CONDITIONS

1. General

By accessing the website located at www.mycelebrantapp.com or the My Celebrant mobile app, and registering as a Celebrant, you agree to be bound by these terms and conditions (Celebrant Terms). Please review them carefully before acceptance.

We may change these Celebrant Terms at any time for legal or business reasons on 30 days’ notice by updating them on the App at https://app.mycelebrantapp.com/terms-and-conditions-celebrants.  By continuing to use the App you agree to be bound by the changed Celebrant Terms immediately, to the extent the changes are not detrimental to you, and otherwise from your next payment, and you are responsible for ensuring you are familiar with the latest Celebrant Terms.

2. Definitions

The App means the My Celebrant mobile app, and/or the Website (as applicable), comprising the platform provided by My Celebrant Limited (My Celebrant or we/us) to connect couples with Celebrants, to be used on Apple iOS and Android devices and any upgrades from time to time, and any other software or documentation that enables the use of the App.

Client means a person who buys Services from a Celebrant via the App.

Client Terms and Conditions means the terms applicable to Client bookings as set out on the App at https://app.mycelebrantapp.com/terms-and-conditions-clients.

Fee means the monthly or annual service fee we charge to a Celebrant in accordance with these Celebrant Terms.

GST means Goods and Services Tax in accordance with the Goods and Services Tax Act 1985.

Celebrant or you means a person who has created a Celebrant account and profile on the App as a wedding or civil union celebrant.

Services means celebrant services to be supplied to Clients who book with Celebrants via the App.

Website means the www.mycelebrantapp.com website.

Us or we means My Celebrant Limited.

3. Data Protection and Privacy

1. Protecting your privacy is important to us.  Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy as well as our use and disclosure of your information.  You agree to us using your personal information as described in our Privacy Policy at https://app.mycelebrantapp.com/privacy-policy.
2. While we take reasonable steps to maintain the security of the App, you acknowledge that internet transmissions are never completely private or secure.  You understand that any information you post, send or share using the App may be read or intercepted by others.
3. Please note that where we include links on the App to the applications, website or services of third parties, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you.  You should ensure you read their privacy policies carefully before using these third party website or services.
4. As you are also an agency that collects personal information in accordance with privacy and data security laws we require you to comply with your legal obligations in relation to collection and retention of that information.  You agree that you will not use the App if you are not aware of your legal obligations in this area and cannot confirm you are compliant.

4. Proprietary Rights and Licence

5. All trade marks, copyright, database rights, and other intellectual property rights of any nature in the App together with the underlying software code are owned directly either by us or by our licensors.

6. We hereby grant you a worldwide, non-exclusive, revocable licence to use the  App for your personal use in accordance with these Celebrant Terms.

5. General Conditions of Use

7. The App comprises an online platform where a Celebrant displays a profile as a celebrant so that potential clients can make bookings for Services.
8. By creating an account with us as a Celebrant you:

1. Consent to us conducting verification and security procedures in respect of the information provided during the registration process;
2. Declare that you are a registered New Zealand or Australian celebrant and are authorised to perform marriage and civil union ceremonies;
3. Agree to keep any login and account details confidential and secure.

9. You confirm that all information and details you provide us are true, accurate and up to date in all respects and at all times.  You can update and correct your personal details at any time by contacting us.
10. You will not, nor allow third parties on your behalf to:

1. make and distribute copies of the App;

2. attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App; or

3. create derivative works of the App of any kind whatsoever.

11. We reserve the right to amend or withdraw the App in accordance with these Celebrant Terms at any time and for any reason.
12. You acknowledge that when you form a contract through the App with a Client we are acting solely as an intermediary and not as a party to your contract with that Client. The Client is liable for payments for Services and you will deal with the Client directly if you experience any contractual issues.
13. As a Celebrant you agree to compensate and indemnify us against any loss, damage, liability or claims that we suffer or become liable for because of your failure to comply with these Celebrant Terms.

6. Availability

14. We will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided on the internet and on mobile networks, so the quality and availability of the App may be affected by factors outside our reasonable control.

15. We and our sub-contractors do not accept any responsibility whatsoever for unavailability of the App or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.

7. Registration

1. Upon approval you will be invited to register as a Celebrant on the App by completing the account registration process. On registration you must select a monthly or annual subscription and you can try out the App for 30 days free of charge. Unless you cancel your subscription you will be charged at the end of the 30 day period.
2. On registration, you will be asked to create a password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password. Any breach of these terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you and will not relieve you of your obligations to us.
3. You must cease to use and delete the password for your account on termination of your account for whatever reason.
4. Your Celebrant profile on the App must be created by you and in accordance with our instructions and any App specifications. You can select and change your preferred invoicing system from those available at any time. If you upload images that are owned by third parties you must have permission to use those images, and you must credit the photographer where appropriate.

8. Celebrant Obligations

1. As a Celebrant your obligations are as follows: 

1. Pay the Fees as per clause 9;
2. Deliver the Services in accordance with the following expectations:

1. Ensure you remain registered as a celebrant in New Zealand or Australia, as applicable;
2. perform the Services on the date and time scheduled;
3. behave with care and skill, displaying a positive manner and presenting professionally at all times;
4. communicate clearly and in a timely manner with the Client about the Services;
5. check the App regularly for new enquiries.

9. Fees

1. Our Fees from time to time are as communicated to you and we reserve the right to revise our Fees at any time on at least one month’s notice.  New Fees will only be applied at the next annual or monthly renewal.
2. Fees are in New Zealand dollars or Australian dollars depending on your location and include GST.
3. Fees are to be paid by via the App and PayPal. Where payments are missed the following will apply:

1. Monthly payments: PayPal will try to retrieve it twice, with a 5 day gap in between each attempt. If a monthly payment is missed your profile will be made private and you will not be able to add any new bookings. You will be able to access existing bookings. If PayPal tries 3 times and fails to retrieve payment, your subscription will be paused, and you will need to re-activate it by getting in touch with us.
2. Annual payments: If a payment isn’t successful on the first attempt, your subscription will be paused, and you will need to re-activate it by getting in touch with us.

10. Renewal and Cancellation

1. Monthly or annual subscriptions will be automatically renewed for the same period unless you cancel your subscription via the Celebrant dashboard on the App before it is due to renew.  You can reregister at any time after cancelling but you will not be entitled to another 30 day free trial.

11. Client Payments

1. As per your preference, Clients will book and may or may not pay for your Services via the App. Client payments made using the PayPal invoicing feature will be passed on to you less any applicable transaction fees in accordance with the PayPal terms.
2. You will be responsible for accounting for GST and complying with any other legal requirements in relation to those Client payments.

12. Client Complaints

1. As appropriate we will direct Client complaints to you to resolve and you agree to comply with your obligations under the Consumer Guarantees Act 1993 in relation to those complaints and claims.
2. If you have a complaint about a Client you will need to resolve that yourself, directly with the Client. We are not responsible for addressing or resolving Celebrant/Client disputes.

13. Remedies

1. If you breach these Celebrant Terms then (without limiting any other remedy we may have), we may at our sole discretion, disable or partially disable, modify or delete any or all of your accounts, block your IP address or device from accessing the App, or in any other lawful way partially or fully restrict your access to the App.  This includes breaches of our codes of conduct or harassment policy.
2. We may terminate your Celebrant at any time on notice by notifying you in writing if we receive a complaint or series of complaints about you or your business, or if we deem your behaviour, your profile or any content that you have provided to be unacceptable.
3. If we terminate your Celebrant for any of these reasons, then we will not provide you with a refund of any Fees paid to us for the current Celebrant term.
4. You agree to compensate us and keep us compensated for any loss we suffer (including financial or reputational loss) howsoever arising, as a result of your breach of these Celebrant Terms.
5. Even though this agreement may have been terminated by either of us, those rights and responsibilities which are intended to continue after this agreement ends won’t be affected by that termination.

14. Disclaimer and Liability

1. The Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified.  These Celebrant Terms must in all cases be read subject to those statutory provisions.
2. To the maximum extent permitted by law, and for the avoidance of doubt, we hereby disclaim all implied warranties with regard to the App. The App and software are provided "as is" and "as available" without warranty of any kind.

3. In no event will we be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the App, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.

4. We are not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the App.
5. The App may include links to third party websites.  We accept no responsibility for the availability, suitability, reliability or content of such third party websites and we do not necessarily endorse the views expressed in them.

15. General

1. Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, natural event  interfere with our performance of any of our obligations under these Celebrant Terms then we may at our sole discretion suspend our performance of any such obligation or cancel any contract and we will not be liable to you in any respect.
2. Waiver: These Celebrant Terms remain in force notwithstanding any neglect, forbearance or delay in enforcement.  We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
3. Severability: If any clause or provision of these Celebrant Terms will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement.  The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
4. Entire agreement: These Celebrant Terms constitute the entire agreement between you and us and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the App.
5. Assignment: You acknowledge that we may transfer our rights under these Celebrant Terms (and any related claims) to any third party without having to obtain your prior consent.

16. Governing Law and Jurisdiction

These Celebrant Terms will be governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the New Zealand courts.

For any query, complaint or comment, please contact us by email at mycelebrantapp@gmail.com.