Terms and Conditions

 

This document serves as the Terms and Conditions between the Customer (businesses or individuals hiring, utilizing or engaging in any way with MELBOURNE GIF BOOTH – including use of MELBOURNE GIF BOOTH’s electronic platforms) whom leases from an agent, distributor or franchise (“MELBOURNE GIF BOOTH”) under “GIF BOOTH AUSTRALIA” the Equipment as referred to in the Rental Quote Agreement. The Equipment includes all items, articles, accessories, documents (including operating manuals), hardware and software supplied to the hiring premises, business or individual.

The Customer agrees to the terms set out in these Terms and Conditions and any additional documents provided to the Customer at the time of leasing (commencement of MELBOURNE GIF BOOTH’s services):

Irrespective of any agreements or tailored options negotiated verbally or signed; the Customer accepts the Terms and Conditions. Clear stipulation of any variations are documented and signed by the Customer and a MELBOURNE GIF BOOTH staff member. These conditions will always be made available via our Website atwww.MelbourneGIFBooth.com.au. MELBOURNE GIF BOOTH reserves the right to amend, update or modify the information contained in this document as well as our Website and Our Social Media pages at will. By engaging the services of MELBOURNE GIF BOOTH (including use of the Website and Our Social Media) the Customer is indicating agreement with the Terms and Conditions and Privacy Policy provided at www.MelbourneGIFBooth.com.au;

 

1 CASUAL RENTAL

1.1 The Rental Period commences on the rent start date shown on the Rental Agreement and continues until it terminates at the time also specified on the agreed Rental Agreement. This period is the nominated lease period (“Term”) and stipulated on the Rental Agreement with the agreed fee;

1.2 When any/all Equipment is not returned at the end of the agreed Rental Term, an hourly rate of $150 (+GST) will accrue and be owed to MELBOURNE GIF BOOTH. This will incur a maximum charge of $750 (+GST) for each additional 24 hour period e.g. Customer returns The Booth 27 hours later than agreed in the Rental Agreement. This will incur additional charges of $1,200 (+GST). Based on $750 (+GST) for the first 24 hours and $150 (+GST) additional 3 hours. Charges cease accumulating once Equipment is returned complete with all the accessories and undamaged;

1.3 The Rental Term is the minimum period for which charges are set out in the Rental Agreement. Unless otherwise documented and signed by the customer and Us the minimum hire period is 4 hours. The amount owing in the Rental Agreement will be specific to the package, amount of equipment and duration of hire (see “Options” page of Website). The “Hire Rate” set out in the Rental Agreement applies as the minimum costing applicable for hiring of Equipment irrespective or early returns. The Customer will owe the stipulated amount in the Rental Agreement and this amount will not be reduced upon early return of equipment. Additional charges may be owed as per section 1.4 of this document;

1.4 Where the Equipment or accessories are lost/stolen or equipment or accessories are damaged due to the negligence of The Customer, a replacement or repair fee for the equipment &/or accessory(s) is owed to MELBOURNE GIF BOOTH by The Customer and is due within 7 days of the end of the lease Term;

1.5 A bundle of 250 SMS messages are included in any 24 hour (or less) Lease Period. If additional SMS messages are sent, they will be included in the post campaign Final Invoice at a fixed cost of AU$10 per 100 SMS bundle;

1.6 The Rental Agreement stipulates minimum costs for lease. The Final Invoice sent post lease will stipulate any additional costs due to MELBOURNE GIF BOOTH and be due within 7 days of issue;

1.7 Delivery and transportation including drop off, set up and pick up will be charged as specified in the Rental Quote Agreement. Any transportation of the equipment after it has been setup by MELBOURNE GIF BOOTH is solely at the Customer’s expense and risk, even if arranged by MELBOURNE GIF BOOTH, and shall be to the premises of MELBOURNE GIF BOOTH from where the Equipment was dispatched. The Customer agrees to not ship the Equipment by post;

1.8 MELBOURNE GIF BOOTH holds public liability insurance of AUD$20 Million that covers the scope of MELBOURNE GIF BOOTH's operations throughout the lease period;

 

2 PAYMENT

2.1 A deposit of 50% of the owing Rental Agreement Value (including GST) will be owed to MELBOURNE GIF BOOTH upon booking an event. This will be held as security by MELBOURNE GIF BOOTH and will be refunded if the event is cancelled up to 28 days prior to the commencement of the event. Cancellations made between 28 days to 14 days prior to the event will return 50% of the deposit to the customer. No refund of deposit will be paid to the customer upon cancelling MELBOURNE GIF BOOTH’s services within 14 days of the event;

2.2 The full Amount owed to MELBOURNE GIF BOOTH as per the Rental Agreement is be paid and cleared into the bank account of MELBOURNE GIF BOOTH prior to 24 preceding the commencement of the event.  If payment has not been made in full MELBOURNE GIF BOOTH reserve the right to declare the Lease be cancelled and We shall therefore retain the full deposit as per 2.1;

 

3 OVERDUE PAYMENTS

If any amount is due and unpaid, the Customer agrees to pay interest on the overdue amount at the rate of 10% per 30 days overdue (incremental). The Customer is liable for all additional costs MELBOURNE GIF BOOTH may incur, including legal, administrative and collection costs to recover unpaid amounts;

 

4 CUSTOMER'S COVENANTS

The Customer agrees with MELBOURNE GIF BOOTH that:

4.1 It will not remove any sticker or other identification from the Equipment giving notice of MELBOURNE GIF BOOTH ownership of the Equipment;

4.2 It has no right, title, estate or interest in the Equipment;

4.3 The Customer shall not sell, transfer, assign, underlet, lend, charge, pledge or part with possession of the Equipment;

4.4 Purport to grant any encumbrance over or in connection with the Equipment or otherwise purport to offer or use the Equipment as security. For the purpose of these Conditions, encumbrance means any mortgage, lien, charge, bill of sale, option, title retention, pledge, claim, restriction, condition, overriding interest, security interest pursuant to the Personal Property Securities Act 2009 (Cth) (“PPSA”) or other encumbrance;

4.5 The Customer shall keep the Equipment at the delivery address specified in the Rental Agreement and the set up position unless prior written permission has been obtained and signed by MELBOURNE GIF BOOTH to relocate the Equipment elsewhere;

4.6 The Customer and their guests shall use the Equipment in a careful and proper manner and not interfere or tamper with or let anyone else do so. During the Lease Period all relevant equipment is under the care of the Customer (see 1.4). This includes altering or adjusting the iPad or software settings. Any damages or functional issues (including call out of MELBOURNE GIF BOOTH staff) will be at the expense of the Customer and send in the Final Invoice;

4.7 The Customer shall notify MELBOURNE GIF BOOTH immediately if any judgement or order is levied against the Customer or property of the Customer or if a petition is presented for the liquidation of the Customer or an Administrator or Receiver is appointed or a scheme of arrangement is proposed;

4.8 The Customer shall permit MELBOURNE GIF BOOTH its agents or servants to enter the premises where Equipment is located at all reasonable times in order to inspect the Equipment or carry out repairs to the Equipment;

4.9 The Customer requires and will utilise the Equipment for the Purposes of the proposed and agreed event alone as per the Rental Agreement;

4.10 The Customer shall keep the Equipment in a safe, covered and proper location as per the Rental Agreement;

4.11 The Customer shall not alter or modify the Equipment without the prior written and signed consent from MELBOURNE GIF BOOTH;

4.12 The Equipment shall at all time, whilst in the care, custody or control of the Customer, be at the risk of the Customer (see 1.4);

4.13 The Customer accepts full responsibility for all Equipment rented, including its use in accordance with any manufacturer or MELBOURNE GIF BOOTH operating instructions provided or Government Regulations. Where the Customer is using communications frequencies that are licensed or arranged by MELBOURNE GIF BOOTH these frequencies are for use only on the dates, at the places and during the times expressed on the Rental Agreement. Use of the frequencies outside the dates, places and times indicated may result in fines from relevant licensing authorities which are all payable by the Customer;

4.14 The Customer will comply with all State, Territory and Federal Laws in respect of the Equipment; and

4.15 The Equipment will not have any information contained in or associated with it which would, if received by MELBOURNE GIF BOOTH or any other person, be in breach of State, Territory or Federal privacy laws upon return. It is the responsibility of The Customer to ensure that MELBOURNE GIF BOOTH is not used by persons who are less than 13 years of age;

4.16 The Customer may not ‘on- hire’ the Equipment unless it receives the prior written and signed consent from MELBOURNE GIF BOOTH. MELBOURNE GIF BOOTH’s consent may be withheld at Our absolute discretion;

4.18 Notwithstanding any other provisions of the Rental Agreement, the parties agree that the Customer is liable to MELBOURNE GIF BOOTH for any loss or damage, including loss or damage of the Equipment, where that loss or damage has arisen as a direct or indirect result of the negligence of Customer and any potential ‘on-hiring’ interest;

4.19 No software shall be added, removed or tampered with from that which is hired out by MELBOURNE GIF BOOTH; unless prior consent is obtained in writing and signed by MELBOURNE GIF BOOTH;

 

5 WARRANTY

MELBOURNE GIF BOOTH warrants that the Equipment is of merchantable quality. Other than expressly provided for in the Rental Quote Agreement the Customer acknowledges that it has not relied upon any statement or representation by MELBOURNE GIF BOOTH in respect of the Equipment or the use of the Equipment. Irrespective of whether or not the Customer’s purpose for the use of the Equipment is known to MELBOURNE GIF BOOTH the Customer acknowledges that under no circumstances is MELBOURNE GIF BOOTH responsible or liable for any failure or unsuitability of the Equipment to perform the purpose required by the Customer;

 

6 MAINTENANCE & SOFTWARE ISSUE

6.1 MELBOURNE GIF BOOTH shall at its expense, when it deems necessary, provide maintenance and recalibration for the Equipment and MELBOURNE GIF BOOTH Application. MELBOURNE GIF BOOTH shall use its best endeavours to expeditiously repair or replace Equipment which may become defective during the rental period through no fault of the Customer. If the Equipment does not operate properly the Customer shall notify MELBOURNE GIF BOOTH and request instructions before taking any action. The responsibility for advising MELBOURNE GIF BOOTH of any need for recalibration rests with the Customer. MELBOURNE GIF BOOTH may at its sole and absolute discretion and for such length of time as it deems expedient replace the Equipment with another;

6.2 The Customer indemnifies MELBOURNE GIF BOOTH for all loss or damage suffered as a consequence of inoperability of the Equipment while it’s unable to be used for the business purpose it was leased for;

 

7 EARLY CESSATION

7.1 Notwithstanding the rental period, MELBOURNE GIF BOOTH expressly reserves to itself the right to require early cessation, which may be exercised on demand and at the absolute discretion of MELBOURNE GIF BOOTH. If MELBOURNE GIF BOOTH so demands, the Customer shall forthwith return the Equipment to MELBOURNE GIF BOOTH upon its request. The applicable rental fee shall be adjusted and payable at the minimum Lease Rate on the Rental Agreement for the period between the lease start date/time and the date/time the Equipment, complete with accessories, is returned (or commected) to MELBOURNE GIF BOOTH;

7.2 The Customer indemnifies MELBOURNE GIF BOOTH for all loss or damage suffered as a consequence of early cessation of hire;

 

8 SAFEKEEPING

The Customer is responsible for the safekeeping of the Equipment and shall bear the risk of any loss, theft, damage or destruction of Equipment while on the premises and for the use required for lease. 

8.1 Safekeeping ensures that the Equipment is set up and kept in a location that is covered. If the event requires that the booth be set up outside or in ‘open air’, the Customer forfeits any Damage Waiver acquired from clause 15 and applied to the lease in the Rental Agreement, even if an additional fee is paid;

8.2 If the Equipment requires repair, recalibration or replacement, the Customer shall bear the total cost of any such repair, recalibration or replacement including any freight charges there occasioned if the Customer or their guests are at fault:

8.2.1 Any repairs carried out by MELBOURNE GIF BOOTH will be charged to the Customer at the original rates of MELBOURNE GIF BOOTH’s chosen manufacturer;

8.2.2 The Customer shall pay to MELBOURNE GIF BOOTH the total new replacement cost as assessed by MELBOURNE GIF BOOTH of the Equipment which is lost, stolen, destroyed or damaged beyond repair;

8.2.3 The Customer shall pay to MELBOURNE GIF BOOTH a reasonable calibration and refurbishing fee in the event that ownership labels, calibration seals or anti-tamper notices affixed to Equipment are removed or damaged;

8.2.4 Any item, article, accessory, document or other supplied in conjunction with the Equipment (including operation manuals) not returned or are returned in damaged condition to MELBOURNE GIF BOOTH upon cessation of the rental period shall be paid for by the Customer with a fee determined by MELBOURNE GIF BOOTH. This will be specified in the Final Invoice and due within 7 days of issue;

8.3 In respect of damage or loss of Equipment, or failure to return all of the Equipment (including all accessories), the rental period shall continue, and the Customer shall continue to pay rental until the Equipment has been repaired and returned (including all accessories) to MELBOURNE GIF BOOTH, or the replacement cost of new Equipment or accessories has been paid by the Customer;

8.4 If a Damage Waiver has been added to the Rental Quote Agreement then, unless any of the exclusion conditions as set out in clause 5 apply, MELBOURNE GIF BOOTH will take responsibly for all costs of repair and replacement;

8.5 The Customer indemnifies MELBOURNE GIF BOOTH for all loss or damage suffered as a consequence of such damage or loss to the Equipment and accessories;

 

9 CUSTOMER DEFAULT, TERMINATION & REPOSSESION

9.1 If the Customer is in breach of these Terms and Conditions, MELBOURNE GIF BOOTH shall be entitled to treat the agreement as ‘Breached’ by the Customer and with or without notice accept the repudiation and terminate the Rental Agreement whereupon the Customer shall immediately, at their own cost and expense, return the Equipment to MELBOURNE GIF BOOTH and failing such return MELBOURNE GIF BOOTH may repossess the Equipment and charge the Customer for all of its costs and expenses incurred in doing so. Any such termination shall not prejudice any right to recover any unpaid rental and the rights and obligations under clause 4. Further, MELBOURNE GIF BOOTH shall be owed the repair or replacement of all damages including any consequential damages incurred;

9.2 Where the Agreement is terminated under clause 9.1, the Customer consents to MELBOURNE GIF BOOTH its servants and agents entering its premises, or any other premises where the Equipment is located, using such force as is necessary to repossess the Equipment. The Customer must provide MELBOURNE GIF BOOTH with all reasonable assistance in order to locate and collect the Equipment. If the Equipment is not available for collection at the nominated time and or place the Customer will be liable for any additional costs MELBOURNE GIF BOOTH may incur;

9.3 MELBOURNE GIF BOOTH will not be liable for any damage to property caused by any person in collecting the Equipment;

 

10 INDEMNITY

The Customer agrees to indemnify MELBOURNE GIF BOOTH and be responsible for all costs, liability, damage, loss, claim or charges and other liabilities incurred by MELBOURNE GIF BOOTH as a result of the Customer’s breach of the these Terms and Conditions and those terms agreed in the Rental Agreement or any means relating to the use of the Equipment;

 

11 SEPARATE ITEMS OF EQUIPMENT

Where more than one item of Equipment is supplied under the Rental Agreement, the interpreting of this will be such that the rental shall be apportioned to each item of Equipment as set forth in the Rental Agreement and these Conditions. Meaning that the terms shall be duplicated and remain as relevant and separate as if the Customer is engaging MELBOURNE GIF BOOTH for multiple ‘individual’ events. Thus all aspects of the Terms and Conditions are relevant for ‘each’ piece/set of equipment;

 

12 LIABILITY

12.1 Subject to clause 4, to the maximum extent permitted by law, MELBOURNE GIF BOOTH makes no warranties or representation and the Customer releases MELBOURNE GIF BOOTH from all liability for any loss, claim, damage or injury suffered in connection with the supply, lease and use of the Equipment;

12.2 Subject to clause 4, all express and implied warranties, guarantees and conditions under statute, general law or trade usage, as to merchantability, description, quality, suitability or fitness of the Equipment for any purpose, or as to design, assembly, installation, materials, workmanship or otherwise are expressly excluded;

12.3 Subject to any non-excludable warranty or condition and to the maximum extent permitted by law, MELBOURNE GIF BOOTH’s maximum aggregate liability for all claims relating to the Rental Documents their subject matter and this Agreement, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to the rental fees paid by the Customer under the Rental Agreement;

12.4 MELBOURNE GIF BOOTH shall not be liable to the Customer in any circumstances for indirect, economic or consequential loss suffered by the Customer;

 

13 PROPERTY

Subject to this paragraph, title in the property in any MELBOURNE GIF BOOTH Equipment shall not pass to the Customer;

 

14 INTELLECTUAL PROPERTY RIGHTS and PRIVACY POLICY

All rights pertaining to industrial or intellectual property including but not limited to copyrights, patents and trademarks are expressly reserved to GIF BOOTH AUSTRALIA trading as MELBOURNE GIF BOOTH. The Customer nor GIF BOOTH AUSTRALIA shall not make any copies or authorise any copying of anything supplied such as software programs and operating manuals except with the prior written and signed authority from MELBOURNE GIF BOOTH as the owner/licensor and in accordance with the license terms as applicable. All copies must be delivered back with the Equipment;

All Intellectual Property (copyright) that MELBOURNE GIF BOOTH captures or creates during the lease of the Customer, are the property of GIF BOOTH AUSTRALIA who grants a non-exclusive license for the Customer, their guests and the public to use without ownership or exclusive rights to the images;

All personal information collected in association with the lease of the Equipment and use of the software and sharing functionality is the property of GIF BOOTH AUSTRALIA. Full Privacy Policy that relates to the protection and use of personal information acquired by MELBOURNE GIF BOOTH for the use of it’s software and products of the software under license by GIF BOOTH AUSTRALIA while leased and used by the Customer and it’s patrons is available atwww.MelbourneGIFBooth.com.au;

 

15 DAMAGE WAIVER

MELBOURNE GIF BOOTH will offer at its discretion a damage waiver facility (“Waiver”) for the Equipment. The Waiver limits the Customer’s liability for SOME loss and damage to the Equipment;

The Waiver only applies where, after assessment by MELBOURNE GIF BOOTH, the Customer did not act negligently in what resulted in damage, theft or loss of the Equipment;

15.1 If the Customer seeks the Waiver and it is available, the Rental Agreement, at the discretion of MELBOURNE GIF BOOTH may be increased by a fee (“Waiver Fee”);

15.2 If the Waiver is applied by MELBOURNE GIF BOOTH to the Lease, the costs and terms of the Waver will be stipulated as an inclusion in the Rental Agreement;

15.3 The waiver limits the rights of MELBOURNE GIF BOOTH against the Customer for loss and damage to the Equipment if:

(a) The Customer notifies MELBOURNE GIF BOOTH of the loss or damage as soon as it’s identified and before the end of the lease Term, where possible;

(b) The loss or damage is not due to circumstances of negligent conduct as set out in clause 8: Safekeeping and 15.4;

15.4 For clarity, the Waiver does not cover loss or damage to the Equipment in the following negligent circumstances:

(a) the theft of the Equipment; or

(b) misuse or use contrary to MELBOURNE GIF BOOTH’s or the manufacturer’s instructions; or

(c) malice or any deliberate act by the Customer or public; or

(d) negligent acts or omissions or want of care; or

(e) an act or omission by any person who is not the Customer or in the Customer's direct employ; or

(f) damage by any cause at or from a place which has not been approved as a rental location; or

(g) the Customer breaches any item or condition of this Agreement; or

(h) is caused by vandalism; or

(i) is caused by the tampering or over-loading of the Equipment; or

(j) the Equipment is outside the reasonable scope of what would be deemed Safekeeping and as set out in clause 8;

15.5 The Customer is responsible in cases of damage or loss from deliberate acts, vandalism or theft, to identify the person(s) involved. Being unable to identify the person involved will require that the accountability shall fall upon the Customer;

 

16 SUNDRY

16.1  The Rental Documents constitute the entire agreement between MELBOURNE GIF BOOTH (agent, distributor or franchise of MELBOURNE GIF BOOTH) and the Customer with respect to the Equipment and shall not be amended except in writing by MELBOURNE GIF BOOTH. Amendments by the agents, distributors or franchisees of MELBOURNE GIF BOOTH are at their own risk;

The Rental Documents shall be governed in all respects by the laws of Australia and the jurisdiction of the state of lease shall apply to any dispute arising out of the Rental Documents. To the extent of any inconsistency between this lease Agreement and the lease Agreement presented to the Customer, the presented agreement applies;

16.2  MELBOURNE GIF BOOTH may amend the Conditions of these Terms and Conditions by updating this document on the website www.MelbourneGIFBooth.com.au and allowing it to be viewed by the customer at the time of the Rental Agreement. The Customer is expected to read and agree to all aspects of the Terms and Conditions, Privacy Policy and Disclaimer prior to engaging the services of MELBOURNE GIF BOOTH. We agree to contact the Customer to notify Them of any amendments to any such documents in the case that amendments are made between the time of booking and engagement of services. The most updated and binding Terms and Conditions for MELBOURNE GIF BOOTH shall always be made available via the website www.MelbourneGIFBooth.com.au for viewing by prospective, current and past Customers to read;

 

17 ACCEPTANCES

This agreement was written by GIF BOOTH AUSTRALIA (trading as MELBOURNE GIF BOOTH) and must be agreed to by MELBOURNE GIF BOOTH (assumed) and the Customer (assumed upon whilst utilizing our website and booking Our services).