Terms

Thank you for using Dearly Beloved!

Dearly Beloved is a public visual search tool for weddings that allows you to love, save, and share the aggregating content (“Content”) from our associated businesses, advertisers and partner sites with your friends and family, and to interact with wedding suppliers, brides-to-be, grooms-to-be, newlyweds, and others in the wedding community. This Site and our Products and Services are provided by Dearly Beloved Ltd.

Here are our company’s Terms. These are important for you to read because they govern your access to and use of Dearly Beloved’s Site, Products and Services. If you need clarification of anything please get in touch.

By accessing or using the Dearly Beloved Site you agree to be bound by these Terms and by our Privacy Policy and are expressly indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and Dearly Beloved.

Please read these Terms carefully. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Services.

We reserve the right to amend these Terms at any time. Amendments will be posted on this Site. Your continued use of the Site will be deemed to constitute acceptance of the new Terms.

  1. 1. Using Dearly Beloved

    1. a. Who can use Dearly Beloved?

      You may use our Site and Services only in compliance with these Terms and all applicable laws, and if you represent and warrant that you have the power, right and authority to enter into this Agreement, and are capable of forming a binding contract.

    2. b. Our license to you

      Subject to these Terms we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.

    3. c. Commercial use of Dearly Beloved

      If you open an account on behalf of a company or other entity, then "you" includes you and that entity; and you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and our Commercial Terms and that you bind the entity and agree to these Terms and our Commercial Terms on the entity's behalf.

    4. d. Correct information

      You agree to provide accurate, truthful and complete information when creating your account and to update your information as and when is changes.

  2. 2. Content on Dearly Beloved

    We reserve the right, but are not obligated, to remove any User Content for any reason or for no reason. We may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if a User violates any provision of our Terms.

    1. a. Posting content

      Dearly Beloved allows you to post content, including profile photos, descriptions, and other materials. Anything that you post or otherwise make available on our Services is referred to as "User Content." You retain all rights in, and are solely responsible for the User Content you post, and you represent and warrant that

      1. 1. you own or have sufficient rights in and to the Content you submit through Dearly Beloved to grant the licenses set forth in this Agreement so that any use by Dearly Beloved of such Content as contemplated in this Agreement will not infringe on the rights on any third party or violate any applicable laws or regulations,
      2. 2. and that such Content shall not contain any material that is fraudulent, illegal, threatening, defamatory, obscene, profane or hateful; or violate any laws or regulations or any rights of any third parties, including but not limited to such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image or other proprietary or property right, false advertising, defamation, unfair competition, invasion of privacy or publicity rights, moral or otherwise, or rights of any celebrity, or any other right of any person or entity; contain any disabling codes or instructions, or any viruses, worms, Trojan horses or other contaminants.
    2. b. How we and Dearly Beloved users can use your content

      1. 1. You grant Dearly Beloved and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-pin, share, modify, create derivative works, perform, and distribute your User Content on Dearly Beloved’s Services and any associated social media networks and sharing tools for the purposes of for the planning of weddings and associated events and operating, developing, providing, and using the Dearly Beloved Services. Nothing in these Terms shall restrict other legal rights Dearly Beloved may have to User Content, for example under other licenses.
      2. 2. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
    3. c. Acceptable usage

      Dearly Beloved is a family friendly site. We do not accept Content that is sexually explicit, contains nudity or pornography; creates a risk of harm, loss, injury, distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; may create a risk of any other loss or damage to any person or property; seeks to harm or exploit children in any way; violates, or encourages any conduct that violates laws or regulations; contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, invasive, harassing, humiliating, libelous, threatening, profane, or otherwise objectionable; contains any information or content that is illegal; infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights; contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or is fraudulent, false, misleading, or deceptive.

      You agree not to engage in any of the following prohibited activities:

      • Use, display, mirror or frame the Service, any individual element within the Service, the Dearly Beloved name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
      • Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
      • Attempt to probe, scan, or test the vulnerability of any Dearly Beloved system or network or breach any security or authentication measures;
      • Avoid, bypass, deactivate, or otherwise circumvent any technological measure implemented by Dearly Beloved or any of our providers or any other third party (including another user) to protect the Services or Dearly Beloved Content;
      • Attempt to scrape or download User Content or Dearly Beloved Content from the Services, access or search, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Dearly Beloved or other generally available third party web browsers;
      • Send any unsolicited spam or spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
      • Use Dearly Beloved Services for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted by Dearly Beloved, or in any manner not permitted by the Terms;
      • Use Dearly Beloved user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
      • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
      • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
      • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
      • Impersonate or misrepresent your affiliation with any person or entity;
      • Violate any applicable law or regulation or encourage or enable any other individual to do any of the prohibited activities.
    4. d. How long we keep your content

      Following termination or deactivation of your account, or if you remove any User Content from Dearly Beloved, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Dearly Beloved and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Dearly Beloved.

    5. e. Feedback you provide

      We value your comments and are always interested to learn how you feel we can improve. You understand and agree that we may use your submitted comments, ideas or feedback without any restriction or compensation to you and that any feedback you choose to submit is not confidential information.

    6. f. Email opt-in

      When registering on the Site you will be opted in to receive emails form Dealry Beloved. You may unsubcribe at any time by clicking the ‘unsubscribe’ link at the bottom of any email message sent.

    7. g. Competitions, promotions, prizes and giveaways.

      Participants are limited to one (1) entry into each draw. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

      Winners will have 7 days to claim their prize, at which time the prize will be redrawn.

      Entry is not open to our employees or their relatives, agents, sponsors, suppliers, or any persons connected with the promotion of a competition; is only open to New Zealand residents. In the event of any dispute about the identity of the winner or an entrant, we reserve the right to request the proof of the winner's age, identity, and residency.

      Incomplete or indecipherable entries will be deemed invalid and we reserve the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.

      If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorised intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.

      If for whatever reason the original prize is unavailable, we, in our sole discretion, reserve the right to substitute the prize with an offer of equal value.

      Entrants consent to us using the entrant's name, likeness, image and/or voice in the event they are a winner in any media for an unlimited period without any remuneration for the purpose of promoting this competition, competition outcome or Dearly Beloved generally.

      Except for any liability that cannot be excluded by law, we exclude all liability for any personal injury, or any direct, indirect, special or consequential loss or damage arising in any way out of a promotion or use of the prize(s). As a condition of receipt of the prize, the winner must sign any legal documentation as and in the form required by us and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

      Prizes, discounts, and vouchers offered in connection with promotions, competitions and giveaways run by us cannot be used in conjunction with any other offer cannot be sold, transferred, exchanged nor be taken for cash. No responsibility is accepted for any variation in the value of the prize.

      Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms. Entry into a promotion is deemed acceptance of and agreement with these Terms. Our decision is final and no correspondence will be entered into.

      We collect personal information in order to conduct promotions and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to regulatory authorities. Entry is conditional on providing this information. We may, for an indefinite period (unless otherwise advised), use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.

  3. 3. Copyright & Intellectual Property

    1. a. User copyright

      Dearly Beloved respects the trademark rights of others and expects others to do the same. We reserve the right to delete, update, transfer or permanently suspend any Content that misleads others or violates or infringes another's trademark rights either intentionally or unintentionally, without prior notice.

      If you are concerned that someone may be using your trademark in an infringing way on our site you can let us know by emailing hello@dearlybeloved.co.nz.

    2. b. Trademarks

      All trademarks, service marks and trade names of Dearly Beloved used in the Site or Services are trademarks or registered trademarks of Dearly Beloved Ltd and all rights are reserved.

    3. c. Intellectual Property

      The intellectual property rights in all software and content made available to you on or through this Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise except as explicitly allowed in our Commercial Terms.

  4. 4. Security & registrations

    Your security is important to both you and to us.

    1. a. Security

      While we work hard to protect the security of your content and account and provide a secure environment, cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You agree that you will immediately notify us of any unauthorised use of your account or password, or if you feel your account has been compromised in any way.

    2. b. Passwords

      You will be solely responsible for maintaining the confidentiality of any password used to access Dearly Beloved Services, and will be fully responsible for all activities that occur under your password or account.

    3. c. Registration

      Some of the materials available on this Site may require prior registration to access. If you decide to register to access such materials Dearly Beloved may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Dearly Beloved rejects for any other reason in its sole discretion.

      When you complete a registration with us, you will be required to provide certain personal information. Any personally identifiable information supplied hereunder will be subject to the terms of the Dearly Beloved Privacy Policy. You agree that such information shall be true, accurate and complete information, and that you will update this information promptly when it changes. Dearly Beloved may, in its sole discretion, suspend or terminate your right to access any material for which registration is required.

      Dearly Beloved does not assume any liability for the failure to store or maintain any user communications, account or profile information, or personal settings.

    4. d. Automatic upgrades

      Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

  5. 5. Advertising, third party links, sites and services

    Dearly Beloved Services may contain links to third-party websites, services, offers, or other events or activities that we do not own or control. While we select our aligned businesses with care, we do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Dearly Beloved, you do so at your sole discretion and own risk and you agree that Dearly Beloved will have no liability arising from your actions.

    We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.

  6. 6. Termination

    Dearly Beloved may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by the provisions relating to Content on Dearly Beloved, Indemnity, Disclaimers, Limitation of Liability, Governing law and jurisdiction and General Terms.

  7. 7. Indemnity

    Dearly Beloved may alter, suspend, add to, or discontinue the Services in whole or in part at any time for any reason, without notice or cost. Dearly Beloved assumes no responsibility for your ability to obtain access to the Services. The Services may become unavailable due to maintenance or malfunction of computer equipment, servers, or other reasons.

    By using the Services, you agree to indemnify, hold harmless and defend Dearly Beloved from any claims, damages, losses, liabilities, and all relate costs and expenses resulting directly or indirectly from any claim that is based on your use of the Services, your violation of this Agreement, your violation of the rights of another, and any Content you submit or transmit through the Services.

  8. 8. Disclaimers

    The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. Dearly Beloved specifically disclaims any and all warranties and conditions of mechantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing, usage or trade.

    We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

  9. 9. Limitation of Liability

    To the maximum extent permitted by law, Dearly Beloved shall not be liable for any indirect, incidental, consequential, special or punitive damages, or any direct or indirect loss of profits or revenues, or any loss of goodwill, data, use or other intangible losses resulting from either your access or inability to access of use the products, nor any conduct or content of any third party, nor unauthorised access, use or alteration of your transmissions or content. In no event shall Dearly Beloved’s aggregate liability exceed one hundred New Zealand dollars.

  10. 10. Governing law and jurisdiction

    Dearly Beloved Ltd. is a New Zealand company operating under New Zealand law.

    For any dispute you have, you agree to first contact us and attempt to resolve the dispute with us informally.

    If an informal resolution is not able to be reached, disputes shall be governed and construed in accordance with the laws of New Zealand. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

  11. 11. General Terms

    The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement.

    At its sole discretion and without notice, revise and modify this Agreement at any time by updating this posting. Your continued use of the Services after such update constitutes your acceptance of the modified Agreement. If you do not agree to the changed Agreement, your only recourse is to stop using the Services. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Dearly Beloved, as described above.

Commercial Terms

By undertaking Commercial Use of Dearly Beloved and registering on behalf of any Business or Entity you indicate you have read and agree to our Terms and our Commercial Terms as stated here.

  1. 1. Free one month trial

    Dearly Beloved offers advertisers a ‘free 1 month trial’ period on sign up. The month shall be deemed to be 30 days from registration dated.

    If for any reason you decide you would like to cancel your subscription before the end of the 30 day period you must de-activate your account within this time you will not be charged any fees or penalties and your subscription will be cancelled.

  2. 2. Account registration, Subscriptions & Cancellation.

    1. a. Account registration

      When creating a commercial account you are solely responsible for the Content and information provided about your business or the business you represent. You agree to abide by all the Terms and to ensure information is factual, correct and current to to keep the information up to date.

    2. b. Subscription

      All billing information and statements you receive from us will be clearly identified as being from Dearly Beloved.

      Your subscription to our advertiser packages and subsequent purchase Order is a legal binding agreement. It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

      When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.

      Once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in New Zealand Dollars. This is the total that you will pay for receipt of the ordered Product.

      You shall pay by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full.

      If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.

      We shall not be obliged to supply the Product to you until we have accepted your Order. Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. We may in our discretion refuse to accept an Order from you for any reason.

      If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.

      You understand and agree that by registering for a monthly or annual subscription we will (via our secure partner payment sites) retain an encrypted file of your credit card information and such details required for future billing, until such time as you cancel your subscription.

      Please also refer to our Privacy Policy.

    3. c. Delivery

      Immediate on purchase of any package subscription you will be able to begin uploading pins to your advertiser profile. You pins will become public immediately on upload.

    4. d. Cancellation

      Should you wish to cancel your subscription you may do so by logging into your account and selectings "Cancel My Subscription" in your billing setting.

      You will be deemed to be unsubscribed when you receive notice of successful unsubcription by email. If you do not receive this notice please contact us to check your subscription status.

      No cancellation fees apply.

      Your payments will cease immediately after cancellation with no further payments owed.

      No refunds will be made for any remaining period purchased, whether a monthly or annual plan.

      If you require assistance to register, subscribe or unsubscribe please contact us.

  3. 3. Guarantee and complaints management

    We shall perform our obligations under these Terms with reasonable skills and care.

    We place great value on our customer satisfaction. You may contact us at any time using the contact details given on our Site or by email to hello@dearlybeloved.co.nz.

    We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint.

    In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.

  4. 4. Typographical errors

    In the event that any Product or Service is mistakenly listed as an incorrect price we reserve the right to refuse of cancel any orders or subscriptions placed for the Product or Service, whether or not your credit card has been charged. In the event your card has been charge Dearly Beloved shall issue a credit o the amount of the incorrect price.

  5. 5. Advertiser ‘User Content’ Rights

    Dearly Beloved allows advertising subscribers to post content, including photos, videos, descriptions, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Dearly Beloved.

    You and we shall use our reasonable endeavours to comply with any relevant regulations published by the Advertising Standards Authority.

  6. 6. Notice

    Dearly Beloved may deliver notice to you by email, a general notice on the site or by other reliable method to the address you have provided to Dearly Beloved.

  7. 7. Indemnity

    In addition to the indemnity agreed in out Terms Commercial Use of the site denotes that if you use our Products for commercial purposes in violation of our Terms, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Dearly Beloved and its directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of the Terms and Commercial Terms.

  8. 8. Circumstances beyond our control ('Force Majeur')

    Dearly Beloved shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.

    Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination.

    If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

  9. 9. General

    No failure or delay by us or you in exercising any right under these Terms or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms or a Contract.

    If any clause in these Terms shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms shall be capable of continuing in effect without the unenforceable term.

    You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms.

    Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.