Terms of Service | Celebrant Chloe

1.These terms

These terms of service are an agreement between you and Celebrant Chloe (ABN 18 959 712 039) ("we", "us", "our"). They apply when you book us to conduct a ceremony, and whenever you use this website or the client portal.

By using this website, by submitting an enquiry, or by confirming a booking, you accept these terms. Agreement given electronically is as effective as agreement given on paper, under the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Queensland) Act 2001.

Your booking confirmation forms part of this agreement and sets out the ceremony, the fee, the payment schedule and any cancellation terms specific to your booking. Where your booking confirmation and these terms are inconsistent, your booking confirmation prevails.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth) ("ACL").

2.Booking and confirmation

A date is held for you once a booking is confirmed and any deposit has been paid. Until then, dates remain available to others. Your booking confirmation sets out the specific services, the fee, and the payment schedule.

3.Fees and payment

Fees are quoted in Australian dollars and are inclusive of GST where it is payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Payment dates are set out in your booking confirmation. We will tell you the single total price before you commit, as section 48 of the ACL requires, and no further fees appear afterwards.

4.If you need to cancel or postpone

Life happens. If you need to change or cancel, tell us as early as you can and we will do what we reasonably can to help, including transferring your booking to a new date where we are available. Any deposit or cancellation terms are set out in your booking confirmation, and we will apply them fairly and in accordance with the Australian Consumer Law.

5.If we cannot attend

In the rare event that illness, an emergency or another circumstance beyond our control prevents us from attending, we will tell you immediately and make every effort to arrange a suitably qualified replacement celebrant. If that is not possible, you will receive a full refund of everything you have paid.

6.Your legal obligations

Section 42 of the Marriage Act 1961 (Cth) requires a Notice of Intended Marriage (Form 15) to be given to us at least 1 month, and not more than 18 months, before your ceremony. It also requires us to sight evidence of your identity, your dates and places of birth, and where relevant the death certificate or divorce order ending any previous marriage. We are required to register your marriage with the relevant State or Territory Registry of Births, Deaths and Marriages within 14 days of the ceremony.

We will tell you exactly what is needed and when. If the required documents are not provided in time, the ceremony cannot legally proceed on that date, so please treat these deadlines seriously.

7.Ceremony content

Your ceremony is written for you from your questionnaire answers. Certain wording is prescribed by statute and cannot be varied: the monitum required by section 46 of the Marriage Act 1961 (Cth), and the vows required by section 45(2) of that Act. Everything else is yours to shape.

8.Artificial intelligence

We may use artificial intelligence tools, and third-party AI providers, as part of preparing and drafting ceremony material. Anything produced this way is reviewed and approved by your celebrant before you see it, and your celebrant remains responsible for the ceremony delivered on the day.

If you would prefer we did not use AI tools on your ceremony, tell us and we will write yours entirely by hand at no extra cost. The Privacy Policy explains how information is handled.

9.The client portal

The portal is provided to help you plan your ceremony. It is a convenience, not the service you are paying for: your ceremony does not depend on it, and we will always have another way to get you what you need.

Keep your login details to yourself. You are responsible for what happens under your account, so tell us promptly if you think someone else has access to it. We may suspend access if the portal is being misused, and we will tell you why.

Please keep your own copies of anything that matters to you. We take backups and we look after your information, but the portal is not a document archive and we do not guarantee that material stored in it will remain available indefinitely.

10.Acceptable use

Please do not attempt to gain access to another person’s account or to any part of the system you have not been given access to, upload anything malicious, scrape or bulk-extract content, interfere with the site’s operation, or use it to do anything unlawful. We may suspend or close an account for any of these.

11.Website and portal availability

We do not guarantee that this website or the client portal will be available, uninterrupted, timely, secure or error-free. They depend on hosting, network and other services we do not control, and they may be unavailable at any time, with or without notice, including for maintenance, upgrades, faults or events beyond our control.

We may change, suspend or withdraw any part of the website or the portal, or any feature within them, at any time. We may also change or remove content, and we do not warrant that any information on the website is complete, current or free from error.

Nothing on this website is an offer capable of acceptance, and prices, packages and availability shown here may change until confirmed in writing in your booking confirmation. Where this website and your booking confirmation disagree, your booking confirmation applies.

12.Third parties

This website links to and relies on services operated by other people, including social media platforms, our payment provider, our email provider and our hosting providers. We are not responsible for their content, their availability, or their handling of your information beyond what the Privacy Policy describes, and a link is not an endorsement.

Where you engage other suppliers for your day, such as a venue, photographer or musicians, your arrangements with them are your own and we are not responsible for what they do or fail to do.

13.Content and intellectual property

The text, photographs, design, layout and code of this website and the client portal are protected by the Copyright Act 1968 (Cth) and belong to us or to our licensors. You may view and print them for your own personal, non-commercial use. Any other reproduction, adaptation, republication or commercial use requires our written permission.

Your ceremony script is written for you and yours to keep, read aloud, print and share as you like. We keep the right to reuse the underlying structure, format and general approach in other ceremonies, and to describe your ceremony in general terms in our own marketing without identifying you unless you agree.

What you put into the portal stays yours. You give us permission to use it for the purpose of planning, writing and conducting your ceremony, and for nothing else.

14.Limitation of liability

Our services come with guarantees that cannot be excluded under the ACL, including the guarantee in section 60 that services will be rendered with due care and skill. Section 64 of the ACL makes any term that purports to exclude, restrict or modify those guarantees void. Nothing in these terms is intended to do so, and everything in this clause is read subject to that.

Subject to that, and to the maximum extent the law allows, our total liability to you for any claim arising out of or in connection with your booking, this website or the client portal, however that claim arises, is limited in aggregate to the total fees you have actually paid us for the ceremony in question.

To the maximum extent the law allows, we are not liable for indirect, incidental, special or consequential loss, for loss of profit, revenue, opportunity, enjoyment or expected savings, for the cost of other suppliers or arrangements you have made, or for any loss arising from something outside our reasonable control.

For the website and the client portal specifically, and again to the maximum extent the law allows, they are provided on an "as is" and "as available" basis, and we are not liable for any loss arising from their unavailability, from an error or interruption in them, from any loss or corruption of data stored in them, or from any virus or other harmful code you may encounter. Keeping your own device secure is your responsibility.

We do not limit our liability for fraud or fraudulent misrepresentation, for death or personal injury caused by our negligence, or for anything else that cannot lawfully be limited.

15.Things outside our control

Neither of us is responsible for a failure to perform caused by something genuinely outside our reasonable control. That includes serious illness or injury, a death in the family, accident, extreme weather, fire or flood, natural disaster, epidemic or pandemic and any public health direction made in response to one, government restriction, venue closure or failure, travel disruption, industrial action, and power, network or telecommunications outage.

If one of these events affects your ceremony, we will talk to you as soon as we reasonably can and work with you to reschedule to a date we are both available for. Where a ceremony cannot proceed and cannot be rescheduled, the cancellation terms in your booking confirmation apply, and we will act fairly and consistently with the Australian Consumer Law.

16.Your responsibilities

Some things only you can do, and your ceremony depends on them. You need to give us accurate information, provide the legally required documents by the dates we tell you, lodge your Notice of Intended Marriage within the statutory window, arrange your venue and any permits it needs, and make sure your witnesses are present and are both 18 or over.

We are not responsible for a ceremony that cannot lawfully proceed, or that is delayed or disrupted, because information or documents were not provided in time or were incorrect.

17.Indemnity

You agree to reimburse us for any loss, claim or reasonable cost we incur because of your breach of these terms, your misuse of the website or the client portal, or information you have given us that turns out to be false or misleading. This does not apply to the extent the loss was caused by us.

18.Who may use this site

This website is aimed at people in Australia arranging a ceremony here. We make no claim that it, or our services, are appropriate or available anywhere else, and if you access it from elsewhere you do so on your own initiative and are responsible for complying with your own local laws.

The client portal is for adults. Do not create an account if you are under 18.

19.Changes to these terms

We may update these terms from time to time, and the version published here is the current one. The terms that apply to your ceremony are those in force when your booking was confirmed, unless we agree otherwise with you in writing.

20.Governing law

These terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that state.

If any part of these terms is found to be unenforceable, that part is severed and the rest continues to apply.

21.Contact

Questions about these terms can be sent to chloe@celebrantchloe.com.au, or through the contact form on this website.