Terms of Use

Wedding Mentor by After the Rock

1 WHO ARE WE?

1.1 We are After the Rock Pty Ltd (ACN 660 943 126) of Suite 304 / 19A Boundary Street, Darlinghurst, NSW 2010

(‘we’, ‘us’ or ‘our’).

1.2 We are an Australian-based provider of wedding planning services and online wedding planning courses.

2 OUR CONTRACT WITH YOU

2.1 In these Terms of Service (‘Terms’):

(a) ‘Course Materials’ means the audio-visual recordings, worksheets, templates and other documents and

materials made available to you as part of the Services;

(b) ‘Platform’ means the Thinkific web-based, e-learning platform;

Platform from time to time, and the Course Materials provided as part of that course; and

(d) ‘you’ or ‘your’ means each individual user of the Services.

2.2 These Terms apply to our supply and your use of the Services. By clicking ‘I agree’ or ‘I accept’, paying the

Course Fees and/or using the Services, you agree that a binding, legal contract is formed between you and us

(‘Contract’).

3 PLACING AN ORDER AND ITS ACCEPTANCE

3.1 Please follow the onscreen prompts to purchase the Services. Please check your details and the purchase

carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.2 Our acceptance of your order takes place when we send an email to you to accept it (‘Order Confirmation’), at

which point and on which date (‘Commencement Date’) the Contract between you and us will come into

existence.

3.3 If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not

process your order. If you have already paid for the Services, we will refund you the full amount.

4 OUR SERVICES

4.1 The Services are intended to provide general guidance, information, documents and materials to assist couples

in planning and organising their own wedding in Australia.

4.2 The Services do not include any individual or personalised wedding planning services provide by us. Any such

services must be purchased separately.

4.3 You agree and acknowledge that:

(a) the Services must only be used by individuals for personal use only (and you will use the Services for

personal use only); and

(b) the Services must not be used by any business or organisation for any commercial purpose (and you will

not use the Services for or on behalf of any business or organisation for any commercial purpose).

4.4 The Services are offered at set times as advertised on our website or the Platform. When you purchase the

Services from us, you agree and acknowledge that we will commence providing the Services on and from the

start date specified in your Order Confirmation (‘Start Date’).

4.5 We will provide the Services for a period of 18 months’ from the Start Date (‘Course Term’). During the Course

Term, you will have access to all of the Course Materials via the Platform. At the end of the Course Term, your

ability to access the Course Materials (via the Platform or otherwise) will end.

4.6 We warrant to you that the Services will be provided using reasonable care and skill and will be fit for the purpose

described in clause 4.1 above.

4.7 We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but

any such dates are estimates only and failure to perform the Services by such dates will not give you the right to

terminate the Contract or a refund of any Course Fees.

5 REFUNDS

5.1 Once the Order Confirmation has been issued, all purchases are final and we will not refund any Course Fees to

you unless we are required to do so by law.

6 YOUR OBLIGATIONS

6.1 It is your responsibility to ensure that:

(a) you have paid all Course Fees on or before the Start Date;

(b) the terms of your order are complete and accurate;

(e) you cooperate with us in all matters relating to the Services;

(f) you provide us with such information and materials we may reasonably require in order to supply the

Services, and ensure that such information is complete and accurate in all material respects;

(g) you comply with any terms of use of the Platform;

(h) you use the Services and Course Materials for personal use only; and

(i) you do not use the Services and Course Materials for any business or commercial use.

6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in

clause 6.1 (‘Your Default’):

(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on

Your Default to relieve us from the performance of the Services, in each case to the extent Your Default

prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to

terminate the Contract under clause 12 (Termination);

(j) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our

failure or delay to perform the Services; and

(k) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur

arising directly or indirectly from Your Default.

7 COURSE FEES

7.1 In consideration of us providing the Services, you must pay to us a fee of $3,499 (‘Course Fees’) in accordance

with this clause 7. The Course Fees are inclusive of goods and services tax (GST).

7.2 You must pay the Course Fees on or before the Start Date by bank transfer to the account specified in the Order

Confirmation, or by debit or credit card on the Platform.

7.3 You acknowledge that:

(a) a third-party payment provider may be engaged by us to collect the Course Fees under this Contract;

(b) all rights we have under this Contract are able to be enforced by that third-party payment provider as if it

were us;

7.4 You may also pay the Course Fees using Afterpay, provided you:

(a) have an Australian billing address;

(l) are over the age of 18 years old;

(m) live in Australia; and

(n) agree to comply with any terms of service specified by Afterpay.

7.5 For full terms and conditions regarding the use of Afterpay, please visit please visit Afterpay.

8 INTELLECTUAL PROPERTY RIGHTS

8.1 All intellectual property rights in or arising out of or in connection with the Services and Course Materials are

owned by us.

8.2 We agree to grant you:

(a) a fully paid-up, worldwide, non-exclusive, royalty-free limited licence to use the audio-visual recordings

that form part of the Course Materials during the Course Term for personal, non-commercial use only; and

(b) a fully paid-up, worldwide, non-exclusive, royalty-free and perpetual licence to use the worksheets,

templates and other documents that form part of the Course Materials for personal, non-commercial use

only.

8.3 You may not sublicense, assign or otherwise transfer the rights granted in clause 8.2.

8.4 Any breach by you of clauses 8.2 and/or 8.3 shall constitute an irremediable breach for the purposes of clause

12.1(b) and, in addition to any other right or remedy we may have at law (whether arising in tort, contract, statute

or otherwise), we may terminate this Contract and your use of the Services and Course Materials immediately.

8.5 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any

materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.

9 HOW WE MAY USE YOUR PERSONAL INFORMATION

9.1 We will use any personal information you provide to us to:

(a) provide the Services;

(o) process your payment for the Services; and

(p) inform you about similar products or services that we provide, but you may stop receiving this information

at any time by contacting us.

9.2 Further details of how we will process personal information are set out in our privacy policy which is available on

our website at https://aftertherock.com.au/.

10 LIMITATION OF LIABILITY

10.1 Notwithstanding anything else in this Contract and to the maximum extent permitted by law, our liability to you

arising out of or in connection with this Contract shall be limited an amount equal to the Course Fees.

10.2 We will not be liable to the you for any special, indirect or consequential loss suffered by you arising out of or in

connection with this Contract.

10.3 Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or

any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and

Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in

relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of

services.

10.4 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of

the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of

the services or the payment of the cost of resupply.

10.5 This clause 10 will survive termination of the Contract.

11 CONFIDENTIALITY

11.1 Each party undertakes that it shall not at any time disclose to any person any confidential information or materials

of the other party (‘Confidential Information’), except as permitted by clause 11.2.

11.2 Each party may disclose the other party's Confidential Information as may be required by law, a court of

competent jurisdiction or any governmental or regulatory authority.

11.3 No party shall use the other party's Confidential Information for any purpose other than to exercise its rights and

perform its obligations under or in connection with this Contract.

11.4 This clause 11 will survive termination of the Contract.

12 TERMINATION

12.1 Without affecting any of our other rights, we may suspend the performance of Services, or terminate this Contract

with immediate effect by giving written notice to you if:

(a) you fail to pay any amount due under this Contract on the due date for payment; or

(q) you commit a material breach of any other term of this Contract and that breach is irremediable or (if that

breach is remediable) you fail to remedy that breach within a period of 5 days after being notified in

writing to do so.

12.2 If this Contract is terminated by us in accordance with clause 12.1, you will not be entitled to a refund of any

Course Fees and you must return or irrevocably delete or destroy all Course Materials in your possession or

control.

12.3 Termination of this Contract does not affect any rights, remedies, obligations or liabilities of the parties that have

accrued up to the date of termination, including the right to claim damages for any breach of the Contract that

existed at or before the date of termination.

12.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or

after termination will remain in full force and effect.

13 FORCE MAJEURE

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations

under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our

Control) which includes, but is not limited to, any failure of the Platform which results in the Services and/or

Course Materials being unavailable.

13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(r) our obligations under the Contract will be suspended and the time for performance of our obligations will

be extended for the duration of the Event Outside Our Control. We will arrange a new date for

performance of the Services with you after the Event Outside Our Control is over.

14 NOTICES

14.1 Any notice or other communication given under or regarding the Contract must be in writing and be delivered by

email. We will use the email address set out in the Order Confirmation, and you must use the following email

address to contact us: [email protected]

14.2 A notice or other communication is deemed to have been received at the time the email is sent (as recorded on

the device from which the sender sent the email) unless the sender receives an automated message that the

email has not been delivered.

14.3 In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email

address of the addressee.

14.4 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal

action.

15 GENERAL

15.1 Entire agreement: This Contract is the entire agreement between you and us in relation to its subject matter.

You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty

that is not set out in the Contract. To the extent permitted by law, no other terms are implied by trade, custom,

practice or course of dealing.

15.2 Variation: Any variation of the Contract only has effect if it is in writing and signed by you and us (or our

respective authorised representatives).

15.3 No Waiver: Neither of us may rely on the words or conduct of any other party as being a waiver of any right,

power or remedy arising under or in connection with this Contract unless the other party or parties expressly

grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the

waiver and is only effective to the extent set out in that waiver. Words or conduct referred to in this clause 15.3

include any delay in exercising a right, any election between rights and remedies and any conduct that might

otherwise give rise to an estoppel.

15.4 Assignment and Novation: We may assign or transfer our rights and obligations under the Contract to another

entity but will always notify you in writing or by posting on our website if this happens. You may only assign or

transfer your rights or your obligations under the Contract to another person if we agree in writing. A breach of

this clause 15.4 by you entitles us to terminate this Contract.

15.5 Severability: If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable under

the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and

whether it is in severable terms or not. This clause 15.5 does not apply if the severance of a provision of this

Contract in accordance with that clause would materially affect or alter the nature or effect of the parties’

obligations under this Contract.

15.6 Relationship of the Parties: The Contract is between you and us. Except as otherwise specified, No other

person has any rights to enforce any of its terms.

15.7 Governing Law And Jurisdiction: These terms and conditions, their subject matter and their formation, are

governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.