Thank you for your interest in
Reflections Photobooths . Please read the Terms and Conditions and fill out the form below.
In these Terms of Trade the following definitions apply:
‘Customer’ means the lessee of the Goods.
‘Deposit’ means the amount Two Hundred dollars ($200.00) payable by the Customer upon submitting the Order Form.
‘Event Date’ means the date that the Customer shall require the Goods for hire.
‘Fee’ means the total amount payable by the Customer to Reflections Photobooths for Goods hired pursuant to the Order Form.
‘Goods’ means any of the products supplied for hire to the Customer by or on behalf of Reflections Photobooths, including but not limited to photobooths.
‘Invoice’ means the invoice issued by Reflections Photobooths in relation to the hire of Goods by the Customer.
‘Order’ means any offer made by the Customer to Reflections Photobooths to hire Goods from Reflections Photobooths.
‘Order Form’ means the Order Form submitted by the Customer requesting the hire of Goods from Reflections Photobooths, and therein agreeing to these Terms of Trade.
‘Reflections Photobooths’ means Kayla Brooke Griffiths (ABN 76 504 698 433) t/as Reflections Photobooths.
‘Terms of Trade’ means the terms as set out in these Terms and Conditions.
2. Terms of Trade
2.1 Each Order Form entered into between the Customer and Reflections Photobooths shall be governed by these Terms of Service.
2.2 By paying the Deposit and submitting the Order Form, the Customer agrees to be bound by these Terms of Trade.
2.3 Reflections Photobooths reserves the right to reasonably amend, vary, modify and/or replace these Terms of Trade at any time, and from time to time.
2.4 The varied Terms of Trade shall not apply to any Order Form submitted prior to the varied Terms of Trade.
3.1 In consideration of payment of the Fee, Reflections Photobooths agrees to provide the Goods ordered on the Order Form.
3.2 The Customer shall not be entitled to revoke or cancel any Order except with the written consent of Reflections Photobooths (and subject to Clause 7 herein) and on terms which shall indemnify Reflections Photobooths against any loss or damage caused by such cancellation of the Order made by the Customer.
4. Fees and Pricing
4.1 All pricing as appearing on the Order Form and Invoices shall be (unless otherwise expressly stated) in Australian dollars, and shall be payable in full fourteen (14) days before the event date (“Event Date”).
4.2 Reflections Photobooths shall be entitled to charge the following to the Customer:
4.3 In the event that the remainder Fee is not payable by the Due Date, then Reflections Photobooths may at its sole discretion cancel the Order and retain the Deposit.
5. Delivery of Goods
5.1 The Parties agree that delivery of any Goods hired by the Customer shall be delivered to the Customer’s premises.
5.2 The Customer understands and agrees that Reflections Photobooths shall not be held liable for any late delivery or failure to deliver caused by a Force Majeure event, including not limited to strikes, explosions, floods, riots, lockouts, injunction, interruption or transport accidents, inability to obtain equipment, government action, mechanical breakdown, interruption to internet service, any interruption, suspension, war, or an act of God. Reflections Photobooths may with the consent of the Customer cancel the Order, after which the Customer shall have no further claim on the hire of the Goods.
6. Refunds and Returns
6.1 To the extent permissible by law, Reflections Photobooths will not refund, exchange or redeem for cash any Fee or Deposit made to it for the hire of Goods (“Payment”).
6.2 Reflections Photobooths will only exchange a Payment where Reflections Photobooths has made a fundamental error or mistake, in which case the exchange shall be limited to a replacement of the hire of Goods.
7.1 In the event the Customer cancels the Order after the Order Form has been submitted to Reflections Photobooths and the Deposit paid, then Reflections Photobooths shall be entitled to retain the Deposit.
7.2 In the event the Customer cancels the Order after the both the Order Form and Deposit have been paid to Reflections Photobooths and it is less than fourteen (14) days prior to the Event Date, then the Customer shall be required to pay the Fee in full.
7.3 Reflections Photobooths may cancel the Order at any time prior to the Event Date provided that the Deposit and Fee are refunded in full. Reflections Photobooths shall not be held liable for any loss or damage caused by such cancellation.
8. Risk and Operation
8.1 Any damage to the Goods caused by the Customer or any person at the Event of the Customer shall be paid for by the Customer.
8.2 In the event of a mechanical failure of the Goods hired by the Customer, or if for any reason the Goods do not function in the way in which they are intended, then the liability of Reflections Photobooths shall be limited to the return of the Fee. The Customer agrees that Reflections Photobooths shall not be liable for any other damages whatsoever.
8.3 If at any time Reflections Photobooths, or one of its authorised representatives, decides at its sole discretion that the photobooth is being used or misused in any way which may cause damage to the photobooth or to any person, then Reflections Photobooths maintains the right to stop the use of the Goods at the Event. In the event that the Goods are shut down according to this Clause, the Customer shall have no legal recourse against Reflections Photobooths, and shall not be entitled to any refund of the Fee or Deposit paid.
9. Intellectual Property and Use of Images
9.1 In this Agreement “Intellectual Property” means all existing and future intellectual property rights including but not limited to, copyright (both present and future subsisting throughout the world) in the photographs taken on the hired Goods.
9.2 The Parties agree that provided that the Fee is paid in full, the Intellectual Property shall be the property of the Customer.
9.3 However the Customer agrees that the Customer shall grant to Reflections Photobooths a perpetual royalty free licence to use the Intellectual Property for advertising, marketing and promotional purposes. In the event that the Customer does not wish Reflections Photobooths to use the images collected then it shall advise Reflections Photobooths in writing prior to the Event Date.
9.4 Use of the Intellectual Property shall be at the sole discretion of Reflections Photobooth, and content which Reflections Photobooths deems to be inappropriate, unsuitable or damaging shall not be used or re-published in any way by Reflections Photobooths.
10.1 In the event that:
then Reflections Photobooths shall be entitled to without prejudice and in addition to all rights granted pursuant to these Terms of Trade or at law or equity to:
11.1 To the extent permissible by law, Reflections Photobooths makes no representations, whether express or implied, as the merchantability, condition, durability or fitness for purpose for which the Goods are used. Further any implied warranty as to latent defects is expressly excluded.
11.2 At no stage and in no event shall Reflections Photobooths be responsible for any loss, damage, cost, or expense suffered, incurred or sustained by the Customer arising out of or through the negligence of Reflections Photobooths, its agents, or employees.
11.3 The warranties contained herein shall not be read or applied so as to purport to exclude, restrict or modify the application in respect to the supply of Goods or services pursuant to these Terms of Trade of any or all of the provisions of the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other statute of any state or territory of Australia which by law cannot be excluded or modified.
12. Limitation of Liability
12.1 Except as provided for in these Terms of Trade, Reflections Photobooths makes no representation of any kind, express or implied with respect to the provision of the Goods.
12.2 To the extent any warranty is made, the sole and exclusive remedy for a breach of any warranty is at Reflections Photobooths’ option to replace the hire of the Goods in question.
12.3 To the extent permitted by law, all conditions, warranties, and terms implied by law and any liability for consequential or indirect damages are excluded from these Terms of Trade.
13. This Agreement
13.1 This Agreement shall be subject to the laws of the Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria.
13.2 Any provision of, or the application of any provision of, this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
13.3 Any provision of, or the application of any provision of, this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
13.4 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
13.5 The failure of either party at any time to require performance by the other party of any provision of this Agreement does not affect the party's right to require the performance at any time.
13.6 The waiver by either party of a breach of any provision must not be held to be a waiver of any succeeding breach of the provision or a waiver of the provision itself.
13.7 This Agreement supersedes all previous agreements, arrangements, understandings, representations or any other communication in respect of the subject matter of this Agreement and embodies the entire agreement between the parties.
13.8 This Agreement may not be changed or modified in any way subsequent to its execution except in writing signed by the parties.
13.9 In this Agreement, headings are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires: