Bella Photobooths Terms and Conditions:
Website
Welcome to www.bellaphotobooths.com.au (the ‘Website’). The website provides entertainment and event photo booth services (the ‘Services’). Bella Photo Booths (‘We’, ‘Us’ or ‘Our’) and the Website is owned and operated by RJM ENTERPRISES (NSW) PTY LTD (ABN 52 606 348 627). Please read the following terms and conditions (the ‘Terms’), by using, browsing, reading and send a booking form request means that the Hirer (‘Hirer’ or ‘You’ or ‘Your’) have read, understood and agree to be bound by the Terms.
We reserve the right to review, amend and update any of the Terms at any time by updating this page at its sole discretion. Any changes to the Terms take immediate effect.
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Acceptance of the Terms
By using, browsing, reading and send a booking form request means that You have read, understood and agree to be bound by the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to You. By paying a deposit means You agree to be bound by the Terms.
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Payment
A payment of $350 deposit via direct debit is required to guarantee the booking, if paying by direct deposit into our account, the remaining amount of the invoice is to be paid at least seven (7) days prior to the event. If paying in cash, the remaining amount must be paid on the day of the event before the photo booth is assembled. If booked within seven (7) days of the event, non-refundable full payment must be received within 48 hours of booking. If You request for additional hours of Services on the day of the event, an additional amount of $280 per hour will be charged. Once the deposit of $350 is paid, You are agreeing to the Terms.
All prices are GST inclusive. Prices are subject to change, please check before booking for current rates.
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Cancellations
Cancellations must be made via telephone and by directly speaking with a member of staff from Bella Photo Booths.
Cancellations made prior to 14 days of the event date – Your deposit of $350 will be returned in full.
Cancellations made within 14 days if the event date – Your deposit of $350 will not be returned.
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Delivery, assembler and dissemble
The delivery (within 10 kilometres of Bella Vista, NSW 2153), set up and removal is free of charge. We will arrive to set up between 60-90 minutes before the agreed time. In the event we are not ready to commence at the agreed start time due to our fault, we still give You the agreed hire period by extending the finishing time of the hire period. In the event that the Services does not start at the agreed time as setup has been delayed due to either the venue not allowing access on time, or Your event is over running, We will still end as per the agreed time on booking form. In the event that we have set up in time, but the Service does not start at the agreed time due to over running of previous activities by yourselves or venue the hire will still end as per the agreed time on booking form. A minimum of a 4-hour booking is required for the Services.
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Additional Charges
Early Set Up:
Where the Hirer requires Services to be set up prior to the hiring period start time indicated on the booking form, an additional fee of $280 per hour applies.
Challenging/Lengthy deliveries
Bella Photo Booths has the right to ask the Hirer to pay an additional fee where a delivery of the photo booth may be more challenging or take longer than usual in cases such as: carrying the photo booth upstairs/downstairs more than 15 steps; delivering on the boat or deliveries involving long distance from unloading area to set-up area.
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Delivery outside of Sydney Area
Additional fees apply for a delivery outside of Sydney Area.
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Venue location
It is the Hirer’s responsibility to ensure that all address details of the venue are correct. Bella Photo Booths cannot be held responsible for any delays resulting from incorrect or missing address.
It is Hirer responsibility to ensure that the venue has agreed for Bella Photo Booths to be in attendance at their venue at the agreed time. This includes ensuring that there is access to enter the venue and enough space with a power socket in close proximity of where the Services are to be (within 1.5 m). If there is insufficient space for Bella Photo Booths to set up the Hirer still be charged the full hire amount. It is Hirer responsibility to inform us of any circumstances that may make setting up take longer, these may include going upstairs, a long distance from unloading area to set-up area etc. If Bella Photo Booths are not aware of these and the set-up takes longer than usual Your hire period may be used as part of the set-up period.
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Damage
You assume responsibility for any damage by Yourself or Your guests to the Bella Photo Booths equipment and electronics. If damage to the equipment and electronics occurs due to guest behaviour, You will be charged for the repair or replacement of the damaged parts. We have the right to refuse Service to any person or to stop the usage of Bella Photo Booths equipment and electronics at any time during the event if We feel that the equipment and electronics is being misused or the guest behaviour is inappropriate.
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Copyright
The Website, the Services and all of the related products of Bella Photo Booths are subject to copyright. The material on the Website is protected by copyright under the laws of Australia. All rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Bella Photo Booths.
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Intellectual Property
All trademarks, service marks and trade names, compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned, registered and/or licensed by Bella Photo Booths, who grants to You a worldwide, non-exclusive, royalty-free, revocable license whilst you are provided with the Services:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in Your device's cache memory; and
(c) print pages from the Website for Your own personal and non-commercial use.
We do not grant You any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Bella Photo Booths.
We retain all rights, title and interest in and to the Website and all related Services. Nothing You do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to You.
You may not, without the prior written permission of Bella Photo Booths broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
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Usage of images
You give Bella Photo Booths permission to use the images taken during the event on the Bella Photo Booths website, Instagram and Facebook page and for advertising purposes. Bella Photo Booths will not use images which are deemed unsuitable or damaging to any person/s.
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Limitation of Liability
To the maximum extent permitted by law, Our liability to You, whether arising out of or in connection with these Terms, under statute, in tort (for negligence or otherwise) or any other basis in law or equity, is limited to the Service fee or re-supplying the Services to You again. Notwithstanding any other clause in these Terms, We and our officers, employees, representatives and agents shall not be responsible or liable to You in respect of any indirect or consequential losses, including, without limitation, any loss of profit, anticipated profit, use, anticipated savings, goodwill, reputation or business, or any other form of pure economic loss.
It is an essential pre-condition to You using Our website that You agree and accept that Bella Photo Booths is not legally responsible for any loss or damage You might suffer related to Your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes Your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at Your own risk, for which we shall not be liable.
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You must be over 18 years of age to use this website and to purchase any Services.
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Indemnification
Bella Photo Booths shall not be responsible for any losses or equipment failure which is beyond its control. This includes but is not limited to venue’s equipment failure, fire, communication outage or interruption of service; natural disaster and other accidents. Any outages for more than thirty (30) minutes due to a fault in Bella Photo Booths equipment will result in a refund of the booking fee on a pro rata basis.
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You agree to indemnify Bella Photo Booths its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Services and the Website;
(b) any direct or indirect consequences of You accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms
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Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
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Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
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The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in New South Wales, Australia.
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Termination of Terms
The Terms will continue to apply until terminated by either You or by Us.
If You want to terminate the Terms, You may do so by providing Us with 14 days’ written notice via the ‘Contact Us’ link.
We may at any time, terminate the Terms with You if have breached the Terms or intend to breach the Terms or if We are required to do so by law.
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Bella Photo Booths reserves the right to suspend or deny, in its sole discretion, Your access to all or any portion of the Website or the Services without notice if You breach any provision of the Terms or any applicable law or if Your conduct impacts Bella Photo Booths name, image or reputation or violates the rights of those of another party.
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General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
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Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Use of the Website and the Services is at Your own risk.
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Everything on the Website and the Services is provided to You "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Bella Photo Booths make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Bella Photo Booths) referred to on the Website. We shall not be liable for loss or damage You might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of You using the Website, the Services or any of the products of Bella Photo Booths; and
(d) any loss of goodwill or business reputation and any other intangible loss.
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Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.