MY CELEBRANT

CLIENT TERMS AND CONDITIONS

1. General

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

We may change these Client Terms for legal or business reasons, and we will give you notice by posting the changes on https://app.mycelebrantapp.com/terms-and-conditions-clients.  Any changes to the Terms will apply to new bookings only.

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.

Celebrant means a person who has a profile on the App as a celebrant.

Client means you, a person who agrees to buy Services from a Celebrant via the App.

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

Price means the price advertised and paid for Services and includes any additional charges.

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

Website means 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 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 ensure that the App is reasonably secure, you acknowledge and agree 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. If your Celebrant uses PayPal to process payments, you consent to and understand that your personal information may be sent to PayPal, and may be transferred, processed and stored outside of New Zealand.
4. Please note that where we include links on the App to the applications, website or services of Celebrants or other third parties, via any Celebrant profile or otherwise, 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. 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, royalty-free revocable licence to use the App for your personal use in accordance with these Client Terms.

5. Conditions of Use

7. My Celebrant comprises an online platform through which Clients can place bookings for and pay for Services to be supplied by Celebrants.
8. You acknowledge that when you make a booking through the App for Services we are acting solely as an intermediary and not as a party to your contract with a Celebrant.  You acknowledge that the Celebrant is responsible for the provision of the Services and not us.
9. By creating an account with us you:

1. Consent to us conducting verification and security procedures in respect of the information provided by you during the registration process; and
2. Agree to keep your login and account details confidential and secure.

10. You confirm that you are at least 18 years old.
11. 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 through the account settings section of the App.
12. 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.

13. The App is currently made available to you free of charge for your personal, non-commercial use. We reserve the right to amend or withdraw the App in accordance with these Client Terms at any time and for any reason.

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. Booking and Payment

1. You may place a booking for Services with a Celebrant via the App for a specific date and location. The specific terms of your Services booking will be stated either on the booking page or as communicated to you directly by the Celebrant. This includes cancellation or rescheduling terms.
2. All Prices stated are inclusive of GST (if any).  Payment terms are provided at the booking stage, and depending on the Celebrant you may be required to pay via the App, or on receipt of the Celebrant’s invoice.
3. You acknowledge that when you make a booking through the App for Services we are acting solely as an intermediary and not as a party to your contract with a Celebrant.  You acknowledge that the Celebrant is responsible for the provision of the Services and not us.

8. Ceremony Planning

1. Once your booking is confirmed you and the Celebrant will plan your ceremony together via the App. You can communicate with your Celebrant via the App’s chat box.

9. Acceptable Use

1. You acknowledge that the App enables you to view Services listings and book and pay for Services from Celebrants.
2. In using the App you agree:

1. To comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your use of the App;
2. To notify us immediately if you become aware of circumstances where any intellectual property rights or any other rights of a third party have been infringed;
3. To take reasonable steps to ensure your mobile device or computer contains adequate anti-virus protection;
4. Not to distribute viruses or any other technologies that may harm us or the interests of any other users of the App or otherwise interfere with or disrupt our systems;
5. Not to do anything to bring us or the App into disrepute.

10. Termination

3. We may terminate your use of the App at any time by giving notice of termination to you.
4. You can choose to stop using the App at any time.  In addition, you may log out of your account via the account settings of the App at any time.

11. Remedies

1. If you breach these 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.
2. 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 the Terms.

12. Disclaimer and Liability

1. The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified.  These Client Terms must in all cases be read subject to those statutory provisions.
2. Any complaints or claims for defective Services must be communicated to the relevant Celebrant for resolution.
3. While we put in place policies and take reasonable steps to ensure that profiles are only posted by reputable Celebrants, we do not guarantee the accuracy or validity of any information or in any way endorse the suitability of any Services for a particular person or class of persons. You acknowledge that any transaction you enter into following review of Celebrants on the App (whether that transaction is entered into via the App or directly with the relevant third party) is conducted at your discretion and risk.
4. 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.

5. 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.

6. 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 use of the App.
7. Where the App publishes user views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and, to the maximum extent permitted by law, we will not be liable in respect of the accuracy, completeness, timeliness, defamatory nature of such views, opinions, advice and recommendations.
8. 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.

13. General

1. Waiver: These Client 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.
2. Severability: If any clause or provision of these Terms and Conditions 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.
3. Entire agreement: These 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.
4. Assignment: You acknowledge that we may transfer our rights under these Terms (and any related claims) to any third party without having to obtain your prior consent.
5. Rights of Third Parties: These Terms are not intended to give rights to anyone except you and Us.

14. Governing Law and Jurisdiction

This Client 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.