Terms and Conditions
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1. ACCEPTANCE OF TERMS
These terms and conditions are referred to as a hire agreement. This agreement is made out between The Hirer and The Party and Event Co PTY LTD, ABN 24 624 039 274.
By using this website and submitting this form, you signify your acceptance of the terms and conditions for hire. For the purpose of these terms and conditions, “Us”, “Our”, and “We” refers to The Party and Event Co and “The Hirer”, “You” and “Your” refers to you, the client. “Parties” may be used as a collective to represent both The Hirer and The Party and Event Co.
2. AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these at any time. Please check these terms regularly prior to using our website, booking and hiring with us to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to book with us, then we will regard that as conclusive evidence of your agreement and acceptance to these terms and conditions that govern both Parties to maintain and uphold their rights and obligations to one another.
3. DEFINITION OF HIRER
All persons whatsoever who use the products hired by the Hirer from The Party and Event Co during all times from the time of delivery until the time of collection.
4.1 The Party and Event Co will provide a temporary bailment of hire equipment to you in the exchange for payment. The period of bailment is set by the time of delivery until the time of collection, making this the hire period.
4.2 Your order is not confirmed within our system until our booking form has been filed and a deposit has been received with all funds cleared into our nominated bank account.
4.3 The Hirer must provide us with easy and necessary access and information to the delivery address that is safe and proper for the Hire Period. The Hirer agrees that they are liable for all injury, loss and/or damage suffered by The Party and Event Co, our employees or our agents, whilst at the Delivery Address.
4.4 If our team are unable to gain access to the delivery address, you may be charged an additional fee for every re-delivery attempt we endeavour to make. Additionally, we have the right to revoke your hire terms and conditions.
4.5 The Party and Event Co will not be liable for any injury, loss and/or damage suffered by the Hirer, or any other person, as a consequence of the Hirer’s use of the Equipment.
4.6 The Party and Event Co reserves the right to refuse hire of equipment to any persons and for any reason.
5.1 Upon receipt of a filled in booking form, an invoice will be generated to you the hirer. Your booking is not confirmed until a deposit has been received with all funds cleared into our nominated bank account. If a deposit is not received within 3 business days your items are made available for the public to hire.
5.2 Your deposit is non-refundable and cannot be transferred to any third party or exchanged for a credit note.
5.3 Your final payment is required in its entirety seven (7) days prior to your event date. The Party and Event Co will not deliver any equipment without receipt and clearance of full payment. Failure to finalise this transaction will result in cancellation of your order.
5.4 In the event of your order to hire from us falling within seven (7) days of your event, full payment is required immediately upon receipt of invoice.
5.5 Upon request a completely refundable security bond is to be paid by you to cover any damage, breakage, fault, disfiguration, vandalism or any other negligent act. You acknowledge that whole or part of the bond may be forfeited in the event of any of the above. The bond will vary to the discretion of The Party and Event Co based on the equipment being hired.
5.6 All payments made to The Party and Event Co are subject to GST. GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
6. DELIVERY AND COLLECTION
6.1 The Party and Event Co agrees to deliver all equipment hired by you to the nominated delivery address by no later than the event start time. In the event that the delivery is late, we are not liable for any loss or damage incurred by the hirer.
6.2 The Party and Event Co charge a “stair fee” for any delivery location above street level; upon delivery if our team note that you have incorrectly filled in your booking form and this fee has not been outlined on your invoice the Hirer must immediately pay an additional fee to our discretion in order to finalise your delivery.
6.3 It is obligation of the Hirer to ensure all items hired fit in the desired space; including but not limited to ceiling heights, door, lift and stair access. The Party and Event Co reserve the right to refuse delivery upon arrival if our equipment does not adequately fit.
6.4 Late night and early morning bump in or bump out fees are applicable where hire items are required to be delivered and/or picked up between the hours of 11pm – 7am. This fee is to be determined by us on receipt of your booking form, items hired, delivery location and accessibility to delivery address.
7. CANCELLATIONS AND REFUNDS
7.1 In the event that the Hirer cancels their event, The Party and Event Co must be notified in writing. We reserve the right to withhold the deposit, bond and any hire fee already made to us.
7.2 In the event that we are unable to supply the Hirer with the equipment they have requested due to a previous hirer not making the equipment available for collection, damage or malfunction, or for any other unforeseen circumstance; we may cancel the hirer’s order. In the event of this occurring we will refund all amounts paid by the hirer. The Party and Event Co will not be liable for any loss or damage that the hirer may suffer arising from or caused by our cancellation.
7.3 In the event that your event is cancelled and required to postpone due to changes in Government restrictions related to COVID-19 and / or any other national pandemic, The Party and Event Co will work with clients to accommodate any date change and reschedule. Where the event has no re-schedule date a credit note will be issued within our system for the hirer to use on any future occasion. The hirer in this instance is not limited to using their voucher on their original intended hire items and are able to use this voucher against any product or service that we offer.
8. USE OF IMAGES / CONTENT FOR SOCIAL MEDIA AND MARKETING
8.1 In relation to photo booth hire, the Hirers images will be loaded to an online gallery. The Hirer will hold discretion as to whether the gallery is locked with a password or open for all to view. It is the Hirers responsibility to inform guests that all photographs are saved and all rights are owned by The Party and Event Co. Some photos and videos may be used for future marketing and promotional opportunities, this includes and is not limited to photos taken in our photo booth as well as being photographed in the booth.
8.2 The Hirer hereby releases, discharges and agrees to main The Party and Event Co free from any liability arising out of the taking of said images or any subsequent processing or publication thereof including, without limitation, any claims for libel or invasion of privacy.
8.3 No further recourse.
9. HIRER’S WARRANTY ACKNOWLEDGEMENT
9.1 The Hirer agrees to keep and maintain the equipment in clean and good repair and working order in conjunction with instructions or specifications that apply to any of the hire items where applicable.
9.2 The Hirer acknowledges the proper use for which the equipment is designed.
9.3 The Hirer has received appropriate instructions for the usage of the equipment in a safe and proper manner.
9.4 The Party and Event Co may assign its rights under the contract without the Hirer’s permission but will remain bound by its terms. The Hirer must not sell, charge, pledge or part possession of the hire equipment.
9.5 The equipment will at all times whilst in the care, custody or control of the Hirer be at the risk of the Hirer
9.6 The Hirer must keep the equipment in a secure location at all times
9.7 The Hirer acknowledges that they will be liable for any loss of, or damage to the equipment including damage caused by fire, water, storm, collision, accident, theft or burglary. The Hirer must notify The Party and Event Co immediately of any such loss or damage.
9.8 Liabilities of the Hirer also include and are not limited to, misuse, abuse, wilful, malicious, negligent or reckless acts and use, including in some circumstances the overloading of hire equipment, unexplained disappearance of the hired equipment and theft of equipment in circumstances where on site security is available but not competently used by the Hirer.
9.9 If any equipment requires repair or replacement as a result of the Hirer’s use of the equipment, the Hirer will bear the cost of any such repair or replacement. The assessment of any damage to equipment will be the sole assessment from management at The Party and Event Co.
9.10 If the Hirer is a corporation, it is duly incorporated under the Corporations Act 2001 (Cth) and has the power to carry on its business and full power and authority to enter into, observe and do all things required by, the Agreement; and the person signing on behalf of the corporation is duly authorised to enter into the Agreement on behalf of the corporation and if in breach of this warranty, agrees that he or she shall be personally liable for performance of the corporation’s obligations.
12.1 The Party and Event Co will be responsible for effecting and keeping current a general insurance policy or policies in respect of their hire equipment to cover the equipment in relation to damage or destruction of the equipment, third party risk and public liability.
12.2 The Hirer must not do any act in relation to the equipment, which has the capability of rendering void, or voidable, The Party and Event Co’s insurance policy or policies covering the equipment.
The Hirer agrees to accept full responsibility and indemnify us for all claims in respect to any injury to persons, loss of productivity or loss or damage to property, arising out of the delivery, servicing, storage, possession, use or failure of the equipment during the hire period whether or not due to the negligence by us, our employees or agents or any other person.
14. WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and The Party and Event Co concerning your use and access to the hire of our products. No other terms are to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
This agreement is subject to the laws of Victoria, Australia. If there is a dispute between you and The Party and Event Co that results in litigation, then you must submit to the jurisdiction of the courts of Victoria with both parties agreeing to negotiate with a view to settlement.