Terms of service

Terms of Service

Read the Terms & Conditions for using Never Miss Moments wedding QR code galleries and services.

Welcome to Never Miss Moments! We are Travis And Benny Weddings Pty Ltd trading as Never Miss Moments, an Australian business with ABN 70 657 228 432 (‘we’, ‘our’ or ‘us’) and we provide one-click access online galleries for all your guests to upload photos, videos and audio recordings of your special day (the Web App).

These terms and conditions (Terms) govern:

your access to and use of the Web App; and
our provision of any other goods and services referred to in these Terms (together, the Services).

You can view the most updated version of our Terms at:

https://www.nevermissmoments.com/ (the Website).

Please read these Terms carefully before proceeding with your purchase or using the Web App.

1. READING AND ACCEPTING THESE TERMS

(a) In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.

(b) By ticking a checkbox, clicking “I accept”, paying for the Services or otherwise accessing or using the Web App or Services, you agree to be bound by these Terms, which form a binding agreement between you, the person acquiring the Services (‘you’ or ‘your’), and us.

(c) We may change these Terms at any time by posting an updated version on the Website or otherwise notifying you. Your continued use of the Web App and/or Services following such an update will constitute your acceptance of the Terms as amended.

2. ELIGIBILITY

(a) By accepting these Terms, you represent and warrant that:

(i) you have the legal capacity and authority to enter into a binding contract with us; and

(ii) you are authorised to use the payment method you provide when purchasing the Services.

(b) The Web App is not intended for unsupervised use by any person under the age of 18 years or any person who has previously been suspended or prohibited from using the Web App. By using the Web App, you represent and warrant that you are either:

(i) over the age of 18 years and accessing the Web App for personal use; or

(ii) accessing the Web App on behalf of someone under the age of 18 years and you consent to that person’s use of the Web App.

(c) Please do not access or use the Web App if you are under 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Web App.

(d) If you are accepting these Terms and/or using the Web App on behalf of a company, employer, organisation, government or other legal entity (Represented Entity), then “you” or “your” refers to that Represented Entity and you represent and warrant that you are authorised to bind the Represented Entity to these Terms.

3. THE WEB APP

3.1 Scope of your purchase and the Web App

(a) We will provide you, to the extent described on the Website at the time of purchase, access to the Web App.

(b) Your purchase includes the features, benefits and limitations of the Web App as set out on the Website or otherwise communicated to you when you purchase the Web App (as updated from time to time by notice to you).

(c) All photos, videos, audio files and other content uploaded to the Web App will be stored for a maximum of twelve (12) months, after which that content will be removed from our servers and deleted. You may contact us if you wish to extend the storage period. We may accept or decline any such request at our absolute discretion.

3.2 Accounts

(a) To use the Web App, you may be required to register and create an account via the Website (Account).

(b) As part of the Account registration process and your continued use of the Web App, you may be required to provide certain information, such as your email address, name, preferred username, password, billing details, contact details, photos, videos, audio files, profile information and payment details.

(c) You warrant that any information you provide to us in connection with registering or maintaining your Account is accurate, honest, complete and up-to-date.

(d) Once you complete the Account registration process, we may, in our absolute discretion, accept or reject your registration and, if accepted, provide you with an Account.

(e) As part of the Services, you may permit additional users (Guests) to upload content to the Web App without them having to register their own account.

3.3 Disclaimer

You acknowledge and agree that:

(a) any information provided to you as part of or in connection with the Web App or Services is general in nature only, may not be suitable for your particular circumstances and does not constitute financial, legal or other professional advice; and

(b) you are solely responsible for complying with all Laws applicable to you, including privacy and data protection Laws.

3.4 Web App access via QR Code

(a) We enable you to provide a QR code (QR Code) and/or link to Guests so they can access the Web App and upload content. You acknowledge and agree that:

(i) you are solely responsible for any content uploaded by Guests you invite or permit to use the Web App; and

(ii) you must ensure that such content and Guest use complies with these Terms and all applicable Laws.

(b) We may, from time to time in our absolute discretion, release upgrades, improvements, modifications or new versions of the Web App (Enhancements). Any Enhancements will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and no credits or refunds will be provided for such downtime.

3.5 Support services

We will provide general support where reasonably necessary to resolve technical issues with the Web App (Support Services). Unless otherwise agreed in writing:

(a) we will take reasonable steps to provide Support Services where necessary;

(b) we will use reasonable endeavours to respond to Support requests, but we do not guarantee 24/7 availability or any particular response time;

(c) you are responsible for all internal administration, managing access for Guests and assisting Guests to access and use the Web App; and

(d) you will not have any claim against us for delays or inability to access the Web App arising from any failure or delay in the provision of Support Services.

4. DATA HOSTING

We will store your data and Guest Data using third party hosting services selected by us (Hosting Services), subject to the following:

(a) Hosting location: You acknowledge and agree that we may use cloud-based storage and hosting services provided by AWS.

(b) Service quality: While we will use reasonable efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Services will be free from errors or defects or that your data and Guest Data will be accessible at all times.

(c) Security: We will use reasonable efforts to keep your data and Guest Data secure. However, we do not accept liability for any unauthorised use, destruction, loss, damage or alteration to your data or Guest Data, including due to hacking, malware, viruses or other security breaches.

(d) Backups: In the event of a system failure, we do not guarantee that any backup of your data or Guest Data will be available, or that such backup (if available) will be free from errors.

(e) Duration: As set out in clause 3.1(c), all photos, videos and content uploaded to the Web App will be stored for a maximum of six (6) months, after which they will be deleted, unless you extend hosting.

5. CLIENT OBLIGATIONS

5.1 General obligations

You agree to:

(a) provide us with all information and assistance reasonably required by us to provide the Services; and

(b) provide us with access to any relevant third party accounts used by you (for example, where reasonably required for integrations), including login details, where you have the right to do so.

5.2 Client material

(a) You warrant that all information, documentation and other material (Client Material) you provide to us in connection with the Web App or Services is complete, accurate and up-to-date.

(b) You release us from all liability in relation to any loss or damage arising out of or in connection with the Web App or Services to the extent such loss or damage is caused or contributed to by Client Material being incomplete, inaccurate or out-of-date.

5.3 Your obligations and Guest conduct

(a) You must, and must ensure that all Guests, comply with these Terms at all times. You acknowledge and agree that we will have no liability in respect of any damage, loss or expense arising in connection with your or any Guest’s breach of these Terms, and you indemnify us for any such damage, loss or expense.

(b) You must not, and must not encourage or permit any Guest or third party to:

(i) upload sensitive information or commercial secrets using the Web App;

(ii) upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the Web App;

(iii) use the Web App for any purpose other than its intended purpose, including any illegal or fraudulent activity;

(iv) upload any material owned or copyrighted by a third party without appropriate rights or consent;

(v) make copies of, or reproduce, the Web App other than as permitted by law;

(vi) adapt, modify or tamper with the Web App;

(vii) remove or alter any copyright, trade mark or other proprietary notice on or forming part of the Web App;

(viii) act in any way that may harm our reputation or that of associated parties, or do anything contrary to our interests;

(ix) use the Web App in a way that infringes the Intellectual Property Rights of any third party;

(x) intimidate, harass, impersonate, stalk, threaten, bully or endanger any other person, or distribute spam, junk mail or bulk unsolicited content in connection with the Web App;

(xi) sell, loan, transfer, sub-licence, hire or otherwise dispose of access to the Web App to any third party (other than providing Guest access as permitted under these Terms);

(xii) decompile, disassemble or reverse engineer the Web App or any part of it, or attempt to derive its source code;

(xiii) share your Account or Account credentials (including login details or passwords) with any other person. You must immediately notify us of any unauthorised use of your Account or any other breach of security;

(xiv) make any automated use of the Web App, or copy, translate, adapt, vary or modify the Web App without our express written consent;

(xv) attempt to circumvent any technological protection or security mechanism of the Web App; or

(xvi) permit any use of the Web App beyond what is included in your purchased Services.

(i) to comply with each of your obligations under these Terms; and

(ii) that we may suspend or cancel your Account and/or Guest access at any time if we consider, in our discretion, that you or they are in breach of these Terms.

6. FEES AND PAYMENT

6.1 Demo

(a) We may offer a free demonstration of the Web App (Demo) on the Website. No Fees are charged for use of the Demo. You agree to use the Demo in accordance with these Terms.

(b) Any content you upload during use of the Demo will not be retained by us after your session ends. We accept no liability for content you upload to the Demo. You are responsible for ensuring such content complies with applicable laws and does not infringe third party rights.

6.2 Fees

(a) To gain access to our paid Services, you must purchase the relevant product from our Website via your Account for the listed price (Fees).

(b) All prices are:

(i) per unit (except where indicated); and

(ii) in Australian Dollars (AUD).

(d) Access to the Services will generally be provided within 24 hours of successful payment of the Fees.

6.3 Late payments

We may suspend or restrict your access to the Web App or Services if any Fees due are not paid on time.

6.4 GST

Unless otherwise indicated, the Fees are exclusive of GST. If GST is payable on any supply, you must pay the applicable GST amount in addition to the Fees, subject to us providing a valid tax invoice.

6.5 Card surcharges

We reserve the right to charge a surcharge for payments made using a credit, debit or charge card (including Visa, MasterCard or American Express).

6.6 Online payment partner

(a) We may use third-party payment processors (Online Payment Partners) to collect Fees.

(b) You acknowledge and agree that:

(i) the processing of payments by an Online Payment Partner is subject to the terms, conditions and privacy policies of that provider, in addition to these Terms;

(ii) we are not responsible for any loss or damage arising from any act or omission of an Online Payment Partner, including any security or performance issues on their platform or any error in processing your payment; and

(iii) we may correct, or instruct an Online Payment Partner to correct, any errors or mistakes in collecting your payment.

(c) You may choose not to accept the terms and conditions of an Online Payment Partner. If you do not accept those terms, we may not be able to provide you with the Services.

7. POSTED MATERIAL

7.1 Warranties

By uploading or providing any information, material or content in connection with the Web App (Posted Material), you represent and warrant (and must ensure that all Guests represent and warrant) that:

(a) you are authorised to provide the Posted Material;

(b) the Posted Material is accurate and true at the time it is provided;

(c) any Posted Material in the form of a review or feedback is honest, accurate and presents a fair view of the relevant experience;

(d) the Posted Material is free from harmful, defamatory, discriminatory or maliciously false content and does not contain offensive or explicit material;

(e) the Posted Material does not harm our reputation or that of our partners or associated parties;

(f) the Posted Material does not constitute “passing off” and does not amount to unfair competition;

(g) the Posted Material does not infringe any Intellectual Property Rights of any person;

(h) the Posted Material does not contain viruses or harmful code and does not compromise the security or integrity of the Web App; and

(i) the Posted Material does not breach any applicable Laws.

7.2 Licence

(a) By providing Posted Material, you grant (and must ensure that all Guests grant) to us a perpetual, irrevocable, transferable, worldwide, royalty-free licence (with the right to sub-licence) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in the Posted Material in connection with operating, promoting and improving the Web App and our business.

(b) If you retain moral rights in any Posted Material, you consent (and must ensure that Guests consent) to us doing any act or omission in relation to that material that would otherwise infringe those moral rights.

(c) You indemnify us against any loss, damage, cost or expense arising from any third party claim that Posted Material infringes their Intellectual Property Rights.

7.3 Removal

(a) We have no obligation to screen Posted Material in advance, but may review, remove or modify any Posted Material at any time in our absolute discretion, including if we believe it infringes a third party’s Intellectual Property Rights or breaches these Terms.

(b) You are responsible for keeping and maintaining your own copies of Posted Material.

7.4 Infringing content on the Web App

(a) If you become aware of any content on the Web App that you believe infringes the Intellectual Property Rights of any person, please contact us with details.

(b) If you submit a complaint under this clause, you:

(i) warrant that your complaint is made in good faith and is accurate and not misleading;

(ii) acknowledge that groundless threats of legal proceedings in relation to copyright infringement may be prohibited under applicable Laws; and

(iii) indemnify us against any loss or damage arising in connection with your complaint, including any claim that the complaint amounts to a groundless threat.

8. INTELLECTUAL PROPERTY AND DATA

8.1 Web App content intellectual property

(a) We retain ownership of all materials provided to you in connection with the Web App, including text, graphics, logos, designs, icons, images, audio and video recordings, pricing, downloads and the Web App itself (Web App Content), and reserve all associated Intellectual Property Rights not expressly granted to you.

(b) We grant you a limited, non-exclusive, revocable licence to access and use the Web App Content solely for your personal, non-commercial use of the Web App. You must not reproduce, transmit, adapt, distribute, sell, modify or publish any Web App Content without our prior written consent, except as permitted by law.

8.2 User data

Our rights and obligations

(a) You grant us a non-exclusive, royalty-free, worldwide licence to use all data you upload and all Guest Data to the extent reasonably required to provide the Web App and for our internal business purposes, including:

(i) improving the Web App and our services; and

(ii) applying analytics and machine learning to derive insights and improve our products and services.

(b) We reserve the right to remove any of your data or Guest Data that we consider inappropriate, offensive, illegal or otherwise in breach of these Terms.

Your obligations

(i) sharing your data and Guest Data only with intended recipients; and

(ii) ensuring all data and Guest Data is appropriate and not in breach of these Terms or any Laws.

(d) You:

(i) warrant that our use of your data and Guest Data in accordance with these Terms will not infringe any third party Intellectual Property Rights; and

(ii) indemnify us from and against any losses, claims, expenses, damages or liabilities arising out of such infringement.

9. THIRD PARTY SERVICES & TERMS

9.1 Third party terms

(a) We may use or integrate third party goods or services in providing the Web App or Services. These may be subject to separate third party terms and conditions (Third Party Terms).

(b) Where we notify you of applicable Third Party Terms, you agree to comply with those terms. We are not liable for any loss or damage suffered by you in connection with Third Party Terms or the acts or omissions of any third party provider.

(c) You may choose not to accept Third Party Terms. If you do not accept them, we may be unable to provide some or all of the Web App or Services to you.

10. CONFIDENTIALITY

(a) Each party must keep the other party’s Confidential Information confidential and must not use or disclose it except:

(i) as required to perform its obligations under these Terms;

(ii) with the other party’s prior written consent; or

(iii) as required by Law.

(b) Each party must promptly notify the other if it becomes aware of any unauthorised access to, or disclosure or use of, the other party’s Confidential Information.

11. PRIVACY

(a) We collect personal information about you in the course of providing the Web App and Services, to contact and communicate with you, respond to your enquiries and for other purposes set out in our Privacy Policy at:

https://www.nevermissmoments.com/policies/privacy-policy

(b) Our Privacy Policy contains more information about how we use, disclose and store personal information and how you can access and correct your personal information.

(c) By agreeing to these Terms, you also agree to our handling of personal information in accordance with our Privacy Policy.

12. LIABILITY

12.1 Warranties and limitations

(a) We warrant that:

(i) the Web App will substantially perform as described on the Website;

(ii) the Services will be provided as described to you and subject to these Terms; and

(iii) to our knowledge, your use of the Web App in accordance with these Terms will not infringe any third party Intellectual Property Rights.

(b) We will use reasonable efforts to correct any errors, bugs or defects in the Web App that arise from your proper use of the Web App and are notified to us, except where they result from:

(i) interaction with software, hardware or services not approved by us;

(ii) misuse or unauthorised modification of the Web App; or

(iii) use of the Web App contrary to these Terms.

(i) the Web App may have errors or defects;

(ii) the Web App may not be accessible at all times; and

(iii) data transmitted via the Web App may not always be secure.

(d) To the maximum extent permitted by law, all express or implied representations, warranties and conditions not expressly set out in these Terms are excluded.

(e) Nothing in these Terms is intended to exclude, restrict or modify any non-excludable rights you may have under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL). If the ACL applies, our liability is limited to the extent permitted by the ACL.

12.2 Liability cap

To the maximum extent permitted by law, each party’s total aggregate liability to the other party arising in connection with these Terms or the Web App is limited to the total Fees paid by you to us in the 3 months preceding the event giving rise to the liability.

12.3 Consequential loss

To the maximum extent permitted by law, neither party is liable for any indirect, special or consequential loss, or for loss of profits, revenue, anticipated savings, goodwill, business or data, arising in connection with these Terms, except:

(a) in relation to liability for fraud, personal injury, death or damage to tangible property; or

(b) to the extent such liability cannot be excluded under the ACL.

13. CANCELLATION

13.1 Cancellation by us

We may cancel or suspend the Services or your access to the Web App at any time for any reason by notice to you. Where we cancel the Services and you have already paid Fees for Services not yet supplied, we may, at our discretion and subject to applicable law, refund some or all of those Fees.

13.2 Cancellation by you

You may cancel your purchase of the Services up until the time we confirm your purchase in writing or by providing access to the Web App. Once we confirm your purchase, it is binding and cannot be changed or cancelled by you, except as required by law.

13.3 Cancellation for breach

(a) Either party (Notifying Party) may cancel the other party’s access to the Services for material breach of these Terms by written notice if:

(i) the Notifying Party reasonably believes the other party is in material breach;

(ii) the Notifying Party gives the other party written notice describing the breach and requiring it to be remedied; and

(iii) the breach is not remedied within 3 Business Days (or such other period agreed in writing).

13.4 Effect of termination

Upon termination of these Terms:

(a) your access to the Web App, your Account and your data and Guest Data may be disabled. We will retain your data and Guest Data only as set out in clause 4 and our Privacy Policy;

(b) to the maximum extent permitted by law, Fees already paid are non-refundable, except where we agree otherwise or where required by the ACL; and

(c) any provisions of these Terms that by their nature are intended to survive termination (including confidentiality, privacy, intellectual property, liability and dispute resolution) will continue in force.

14. DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings (except for urgent interlocutory relief) unless it has complied with this clause.

(b) The party raising the dispute must give the other party written notice setting out details of the dispute and requesting that it be resolved under this clause.

(c) The parties must then use their best efforts to resolve the dispute in good faith within 14 days after the notice is given (or any longer period agreed in writing). If the dispute is not resolved within that time, either party may commence court proceedings.

15. FORCE MAJEURE

(a) We will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is due to a Force Majeure Event.

(b) If a Force Majeure Event occurs, we will use reasonable endeavours to notify you of:

(i) details of the Force Majeure Event; and

(ii) the likely impact on our ability to perform our obligations.

(d) A Force Majeure Event includes:

(i) act of God, lightning, earthquake, storm, flood, fire, explosion or landslide;

(ii) strikes or industrial action outside our control;

(iii) war, terrorism, sabotage, riot, civil commotion, epidemic or pandemic; or

(iv) any governmental decision or restriction (including relating to COVID-19) beyond our reasonable control, to the extent it affects our performance.

16. NOTICES

(a) A notice or other communication under these Terms must be:

(i) in writing and in English; and

(ii) delivered by email to the other party:

for us, to the email address on our Website or otherwise notified; and
for you, to the email address you used to create your Account or make your purchase (or any updated email address you notify to us in writing).

(b) A notice is deemed given:

(i) 24 hours after the email is sent (unless the sender receives a bounce-back or error); or

(ii) when the recipient replies to the email,

whichever is earlier.

17. GENERAL

17.1 Governing law and jurisdiction

These Terms are governed by the laws of South Australia, Australia. Each party submits to the exclusive jurisdiction of the courts of South Australia and the courts of appeal from them.

17.2 Waiver

A waiver of a right under these Terms must be in writing and signed by the party granting it. Failure to exercise a right or delay in exercising a right does not operate as a waiver.

17.3 Severance

If any part of these Terms is found to be invalid or unenforceable, that part will be severed, and the rest of the Terms will continue to operate.

17.4 Assignment

You may not assign, novate or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights or obligations at any time.

17.5 Entire agreement

These Terms constitute the entire agreement between the parties in relation to their subject matter and supersede all prior discussions, agreements or understandings.

17.6 Interpretation

In these Terms, unless the context requires otherwise:

(a) words in the singular include the plural and vice versa;

(b) “$” or “dollar” refers to Australian currency;

(d) headings are for convenience only and do not affect interpretation; and

(e) “includes” and similar words are not words of limitation.

DEFINITIONS

Confidential Information

Means information of or provided by a party that is by its nature confidential, is designated as confidential, or that the other party ought reasonably know is confidential, but does not include information which is public knowledge (other than as a result of a breach of confidentiality).

Guest

Means you and any third party end user of the Web App to whom you make the Web App available (for example, by sharing your QR Code or gallery link).

Guest Data

Means any files, data, documents, information or other materials uploaded to the Web App by you or any Guest, or otherwise provided to us under or in connection with these Terms, including any Intellectual Property Rights in those materials.

Intellectual Property Rights

Means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, circuit layout rights, domain names, trade secrets, know-how, technical data and confidential information, and any applications or rights to register such rights.

Material

Means tangible and intangible information, documents, reports, software (including source and object code), inventions, data and other materials in any form.

Support Services

Has the meaning given in clause 3.5.

Web App

Has the meaning given in the first paragraph of these Terms.

Web App Content

Has the meaning set out in clause 8.1(a).

Website

Means the website at https://www.nevermissmoments.com/ and any related website we operate in connection with the Web App.

Got this for our wedding last week, absolutely amazing! Loving seeing all the photos and videos our guests uploaded 🥂😁

Paula Adams

My son and daughter-in-law did this and it was awesome.

Teresa Johnson

Purchased QR Code for my wedding, 10/26/24. It was a huge hit! We ended up with over 300 pictures. So worth the money in my opinion.

Cindy Manning

My family did this for my nephew's wedding last year, it was brilliant as we were sat unable to attend through illness!

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