Terms & Conditions
TERMS AND CONDITIONS AGREEMENT
Welcome to WOW Party Hire. Prior to completing a booking and making payment, please read the following terms and conditions carefully:
ACCEPTANCE OF THE TERMS: The Hirer accepts the terms and conditions agreement by completing the booking and making payment.
These Terms and Conditions agreement acts as legal contract between WOW Party Hire (the Owner) and the Hirer.
The Hirer acknowledges that under no circumstances will WOW Party Hire be held liable for any injury caused by or arising from the use of Equipment supplied and the Hirer hereby releases WOW Party Hire from any loss or damage howsoever arising whether arising under statute, from negligence, personal injury, death, property damage, infringement of third-party rights, or any indirect, special or consequential damages or injury to any person, corporation or other entity.
It is recommended to keep a copy of these terms and conditions agreement for your records
PART A. UNDERSTANDING THIS AGREEMENT
Meanings In this Agreement:
Agreement means this Equipment Hire Agreement comprised of the Details and the Terms.
Booking Date/Time means the date and time specified in the order confirmation email (“View your Order Button”).
Collection Date/Time means the date and time specified in the order confirmation email (“View your Order Button”).
Claims means any costs, expenses, losses, damages and liabilities (including legal costs on a full indemnity basis) suffered or incurred by, and all actions, proceedings, demands and claims brought, made or recovered by any person against the Owner whether in contract, tort (including, without limitation, negligence) or otherwise.
Damage means any damage to the Equipment, including but not limited too:
- Stains left on Equipment including bouncy castles, soft play and EVA mats due to food or face/glitter paint.
- Damage to equipment due to being left in rain or direct sunlight.
- Damage to the structure of the equipment due to incorrect or malicious use.
- Damage to EVA mats caused by high heel shoes, chairs, gazebo legs or pegs.
- Damage to Equipment due to pets (e.g. soiling or chewing Equipment).
Delivery Date/Time means the date and time specified in the order confirmation email (“View your Order Button”).
Details means the information set in the order confirmation email (“View your Order Button”).
Encumbrance means any encumbrance or security interest and includes any legal or equitable mortgage, charge (fixed or floating), pledge, lien, title retention or conditional sales agreement, option or restriction about transfer, use or possession.
Equipment means the items of play equipment specified in the order confirmation email (“View your Order Button”).
GST means any tax imposed on the supply of goods or services which is imposed or assessed under A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).
Hire Fee means the hire fee set out in in the order confirmation email.
Hirer means the person or entity who makes the booking.
Insolvency Event means a party:
- becomes or states they are insolvent;
- becomes or passes a resolution to become an externally administered body corporate;
- cannot pay its debts as and when they fall due or becomes an insolvent under administration;
- has proceedings brought against it under any bankruptcy or insolvency law and such proceedings are not discharged or stayed within 30 days; and/or
- becomes subject to the appointment of an administrator, provisional liquidator, trustee in bankruptcy or has a controller appointed in respect of any property (each bold term in this definition has the meaning given in section 9 of the Corporations Act 2001 (Cth).
(each bold term in this definition has the meaning given in section 9 of the Corporations Act 2001)
Owner means WOW Party Hire. .
Permitted Use means using the Play Equipment for the reasonable functional or recreational purpose that the Play Equipment is intended to be used for by children.
Site has the meaning specified in the Details.
Term means the period from the Delivery Date/Time to the Collection Date/Time.
In this Agreement:
1.1. the singular includes the plural and vice versa;
1.2. a reference to “$” or “dollars” is to Australian dollars
1.3. no rule of construction applies to the disadvantage of a party because that party put forward this Agreement or any portion of it.
1.4. if a provision of this Agreement would, but for this clause, be unenforceable:
1.4.1. the provision must be read down to the extent necessary to avoid that result; and
1.4.2. if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of this Agreement.
1.5. a party includes a party’s successors, executors,
administrators and permitted assigns; and
1.6. legislation or reference to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it.
PART B. EQUIPMENT HIRE
2.1. The Owner agrees to hire the Equipment to the Hirer, and the Hirer agrees to hire the Equipment from the Owner, for the Term on the terms of this Agreement.
2.2. Prior to hiring the Equipment, the Hirer warrants that the Hirer has inspected the Site and determined that the Owner will have a reasonable and safe means of access to the Site and that there is a place at the Site where the Equipment can be safely installed and set up for use and operation.
2.3. The Hirer may only use the Equipment for the Permitted Use.
2.4. At all times during the Term, the Hirer must, unless with the consent of the Owner:
2.5. The Owner may inspect the Equipment at any time during the Term.
2.6. When using the Equipment, the Hirer must have the Supervisor supervise the use of the Equipment and give the Supervisor a copy of these Terms.
2.7. The Supervisor must ensure that the Equipment is:
3.1. Unless agreed otherwise, the Owner will deliver the Equipment to the Site for use by the Hirer on and from the Delivery Date/Time. If the Hirer informs the Owner that the Hirer wishes to set a later Delivery Date and Collection Date, the Owner will use reasonable endeavours to accommodate such a request.
3.2. The Hirer must afford the Owner clear and unrestricted access to the Site so that the Equipment can be delivered and set up for use and operation.
3.3. The person delivering the Equipment for and on behalf of the Owner shall have an absolute discretion as to selecting a place at the Site where the Equipment may be safely installed or set up for use and operation.
3.4. If the Owner determines (acting reasonably) that despite the warranty given by the Hirer at clause 3.2 above that the Site cannot be accessed safely or if a bouncy castle has been hired, that the bouncy castle cannot be safely delivered and set up for use and operation, the Owner may elect to terminate the arrangements under this Agreement and retain Payment.
3.5. Where a bouncy castle is being hired, these will only be set up indoor. the Hirer must ensure the ceiling height is a minimum of 3.5 meters.
3.6. Delivery, setup and collection fee will apply to all bookings.
3.7 A high-risk delivery fee may be charged should it be deemed necessary which include premises (Shopping Centre, Malls, Halls, Community Centre, Private Residence, Venues, Etc.) that have more than 3 steps or where the set-up area is more than 50m from the delivery vehicle. This fee is $100 and will be added to an invoice after booking. Fee is payable before Delivery Date/Time.
PART C. FEES AND CHARGES
4. Hire Fee
4.1. Hirer must pay 100% of the Hire Fee on checkout of the website.
4.2. The Part Payment and balance of the Hire Fee and may be paid by direct debit or electronic funds transfer into an account nominated by the Owner or in any other way agreed in writing between the parties.
4.4. The Hire Fee is inclusive of GST.
4.5. A $200.00 (Two Hundred Dollars) refundable bond is required for each Hire Period. This is payable in cash on the day of Hire and will be refunded to the Hirer soon as the Equipment is collected in the same condition they were hired out, and in a satisfactory state of cleanliness.
4.6. Subject to clause 2.7.2, the Owner will be entitled to claim, in addition to the Hire Fee, a cleaning charge of $200.00 (Two Hundred Dollars) from the bond if the Hirer fails, in breach of clause 2.7.6, to clean the Equipment before it is collected.
4.7. The Owner may retain and apply the Bond to fund any cleaning or repair costs payable pursuant to this Agreement. If the Bond is insufficient to cover any such costs, the Owner may take action to recover the shortfall.
4.8. The Owner has the right to alter/change prices on the website www.wowpartyhire.com.au without notice.
PART D. MAINTENANCE
5. Maintenance and Repair
5.1. The Hirer agrees to make the Equipment available for repair, service and maintenance by the Owner as and when reasonably requested by the Owner. The Owner will be liable for the cost and expense of such repair, service and maintenance works. The Owner will ensure that it minimises any disturbance to the Hirer’s use and enjoyment of the Equipment when undertaking any repairs, servicing or maintenance of the Equipment in accordance with this clause 5.1 and will only undertake such works at a time convenient to the Hirer.
5.2. If the Equipment is damaged, the Hirer must:
5.3. Where the Equipment is faulty or ceases to work for any reason except where caused directly or indirectly by the acts or omissions of the Hirer, the Owner will, at its cost and in its sole discretion, repair or re-supply that Equipment.
5.4. The Hirer must inspect and check all equipment and notify Owner at the time of delivery if there is any equipment missing, damaged, or unfit for use. Failure to do so will see Hirer responsible for any damages or missing equipment on pick up.
PART E. END OF HIRE AGREEMENT
6. Return of Equipment
6.2. The Hirer grants the Owner an irrevocable license to enter the Site in order to repossess the Equipment
PART F. RISK AND TITLE
- Risk Risk in the Equipment passes to the Hirer on the Delivery Date/Time and remains with the Hirer until the date on which the Owner receives possession of the Equipment at which time risk in the Equipment passes back from the Hirer to the
- Title title to the Equipment does not pass to the Hirer notwithstanding the possession and use of the Equipment by the
PART G. WARRANTIES AND INSURANCE
9. As is Basis
9.1. The Equipment is hired to the Hirer on an “as is” basis being the condition of the Equipment as at the Delivery Date/Time.
9.2. To the extent permitted by law, any implied terms, representations or warranties as to the fitness, quality, suitability for purpose or condition of the Equipment are excluded.
10. Representations and Warranties
10.1. The Hirer warrants and represents to the Owner that the Hirer has full legal capacity and power to enter into and perform its obligations under this Agreement.
10.2. The Owner makes no warranty or representation in relation to any of the services provided to the Hirer.
10.3. Except as required by the mandatory operation of law all implied terms and conditions are excluded.
11. Insurance and Liability
11.1. The Hirer acknowledges that they bear all risk in the equipment for the full duration of the Hire Period.
11.2. To the full extent permitted by law the Hirer hereby releases WOW Party Hire from any liability for any loss or damage suffered, or for any injury sustained, by the Hirer or any of its employees or agents for the full duration of the Hire Period.
11.3. The Hirer releases the Owner from all Claims in connection with the hire of the Equipment, including in connection with its use.
11.4. The Hirer will indemnify the Owner from all Claims in connection with its use of the Equipment, the Hirer’s acts or omissions (whether negligent or otherwise) including those of the Hirer’s officers, employees, agents and contractors and any breach of this Agreement by the Hirer.
11.5. To the fullest extent permitted by law, to the extent not excluded by this Agreement, the Owner’s liability is limited to the repair or re-supply of Equipment (at its sole discretion).
11.6. The Hirer will, on demand, pay the deductible of any applicable insurance policy held by the Owner if an insurable event occurs in relation to the Equipment during the Term.
11.7. The Hirer will not do, or fail to do, anything which could:
11.7.1. prejudice the Owner’s insurance in respect of the Equipment;
11.7.2. cause the premiums for such insurance to be increased;
11.7.3. lead to the cancellation or refusal of insurance for the Equipment.
11.8. The Hirer agrees to defend, Indemnify, assume liability for and hold Owner harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities Including lawyer fees and court costs arising out of or resulting from the use of the equipment, regardless of the basis.
11.9. The Hirer agrees to release, and agrees to indemnify WOW Party Hire in respect of any third-party claims arising from damage or injury caused either directly or indirectly to a person or to property out of the hire or use of the Equipment during the Hire Period. This clause survives the termination or natural expiration of this Hire Agreement between WOW Party Hire and the Hirer.
11.10. In the event that the Equipment that has been hired becomes unavailable due to damage or theft, WOW Party Hire reserves the right to substitute the equipment with a product that is comparable and similar in functionality to the current items(s) hired. If a comparable and similar equipment is not available, WOW Party Hire will process a full refund. WOW Party Hire shall not be liable for any loss or damages arising out of WOW Party Hire‘s inability to provide Equipment due to damage or theft.
11.11. Other than as required by law, WOW Party Hire make no representation and give no warranty to the Hirer in relation to the usability and functionality of the equipment.
PART H. CANCELLATION & REFUNDS
12. Cancellation Policy
12.1. The Owner may cancel this Agreement immediately by written notice to the Hirer if:
12.1.1. any amount payable by the Hirer under this Agreement is not paid when due;
12.1.2. the Hirer breaches any provision of this Agreement (except in relation to payment of an amount)
12.2. If the Hirer chooses to cancel a booking for any reason, the following rules apply:
- If the Hirer cancel at least 10 days prior to the event they will receive a full refund, processed within 48 hours.
- If the hirer cancels within 4 - 9 days of the event, a fee of 25% of the total booking will be charged and the remainder refunded.
- If less than 72 hours’ notice is given, full booking costs apply, and no refunds will be issued.
12.3. If the Hirer cancels due to unforeseen circumstances, the Owner will provide the Hirer with a credit to be used within twelve (12) months of your cancelled party. If the credit is not used within the twelve (12) months period, any money paid by the Hirer will be forfeited.
12.4 If the booking is cancelled or postponed due to COVID restrictions or Government orders the Owner will provide the Hirer with a credit to be used within twelve (12) months of your cancelled party. If the credit is not used within the twelve (12) months period, any money paid by the Hirer will be forfeited. No refunds will apply.
PART I. GENERAL
13. Entire Agreement
13.1. This Agreement represents the parties' entire agreement, and supersedes all prior representations, communications, contracts, statements and understandings, whether oral or in writing, relating to its subject matter.
13.2. The Hirer will be bound by the terms and conditions set out in this Agreement by making any payments in respect of the hire of the Equipment.
14. No Waiver: A party waives a right under this Agreement only by written notice that it waives that right.
15. Assignment: The Hirer must not, without the prior written consent of the Owner:
16.1. assign or transfer any right or obligation under this Agreement; or
16.2. grant any person any Encumbrance in respect of the Equipment.
17. Notice: For the purpose of this clause 17, notice includes any consent or approval which may be given under this Agreement. Notice can only be in writing by the party or its agent. Notice can only be given to a party:
17.2. by registered post to the recipient's last known place of business (notice by post is deemed to be received at the time at which the letter would be delivered in the ordinary course of post); or
17.3. by email (notice by email is deemed to be received if the sender does not receive either an electronic delivery notification error or delivery delay notice within 24 hours of sending the email).
18. Amendment: This Agreement can only be amended by written agreement of the parties.
19. Governing Law and Jurisdiction: This Agreement is governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia (Perth Registry) in respect of any matter connected with this Agreement.