Terms and Conditions

Our Terms & Conditions apply wherever, whenever and however you access the Eltham Kids Party Hire website and Information Services via Telecommunications.

Your use of our website indicates your acceptance of these Terms & Conditions, as they exist at that time. We reserve the right to change the Terms & Conditions at any time. Changes become effective immediately upon publishing or posting or on the date specified. Your continued use of the website indicates your acceptance of the revised Terms and Conditions, so you should review the Terms & Conditions from time to time.

Definitions

  1. Content – Refers to all information, including but not limited to data, text, images and multimedia that is displayed on the website.
  2. Customer – You the Hiree / Member.
  3. Compliance – To the act of responding favourably to a request to comply with our terms.
  4. Eltham Kids Party Hire – Short International Holdings Pty Ltd Trading As Eltham Kids Party Hire as trustee for the Galea – Short Trust ABN 75 402 651 653.
  5. Eltham Kids Party Hire Contractor – A Eltham Kids Party Hire contracted service provider operating as an independent business.
  6. Organisation/s – An unincorporated/incorporated association, club, Non-Government Organisation or Government (local state or federal) organisation.
  7. Obligations – What is expected of you.
  8. Supplier – Eltham Kids Party Hire their Contractors or Agents.
  9. Terms & Conditions – The specific information, restrictions about your use of www.elthamkidspartyhire.com and Eltham Kids Party Hire services.
  10. User – Any person who interacts with the website.
  11. You -The Hiree, member or website user.
  12. In these Terms & Conditions, unless the context otherwise requires, capitalised terms have the meaning given to them in these Terms & Conditions or on our Website https://www.elthamkidspartyhire.com/.
  13. Security Bond means the bond payable on booking, pick-up or delivery of the Hire Goods.
  14. Deposit is defined in clause 4 (b).
  15. Fees mean the fee payable pursuant to our Invoice.
  16. Hire Goods means the goods hired by you as outlined in the Invoice.
  17. Hire Period means the period of hire as outlined in the Invoice.
  18. Invoice means Eltham Kids Party Hire’s invoice in respect of your use of the Hire Goods.
  19. Late Fee means a late fee as outlined on our Invoice or website as amended from time to time.
  20. Nominated Delivery Address means the address the Hire Goods are to be delivered to within the Specified Delivery Area.
  21. Payment Method is as outlined in our Invoice
  22. Payment Terms are as outlined in our Invoice.
  23. Specified Delivery Area means the area that we deliver Hire Goods as outlined on our website.
  24. For questions or notices, please contact us at: Short International Holdings Pty Ltd T/as Eltham Kids Party Hire ATF Galea-Short Trust ABN 75 402 651 653 Email: hello@elthamkidspartyhire.com Phone 03 8370 3533

TERMS AND CONDITIONS

HIRE CONTRACT & PAYMENT Conditions

ACCEPTANCE OF TERMS

 

  1. This Agreement is between Short International Holdings Pty Ltd Trading As Eltham Kids Party Hire as trustee for the Galea – Short Trust ABN 75 402 651 653 (referred to as “Eltham Kids Party Hire”, “we” or “us”), and the Client described in the Invoice referred to as “client” or “you”), and collectively the Parties.
  2. You have requested the Hire Goods set out in your Invoice. You agree and accept that our Hire Goods are provided to you on these Terms and Conditions (Terms & Conditions).
  3. You accept our Terms & Conditions by making payment for the Hire Goods.
  4. Once you have made payment for the Hire Goods you will be sent an Invoice that you should retain to confirm your order.

HIRE GOODS

 

  1. We agree to provide the Hire Goods set out in your Invoice to you for the Hire Period.
  2. If you do not return the Hire Goods promptly or arrange/allow for us to promptly collect the Hire Goods at the end of the Hire Period, we reserve the right to charge a Late Fee.
  3. If you collect the Hire Goods from us, you agree to arrange for the return of the Hire Goods.
  4. If we deliver the Hire Goods to you, we will arrange for pickup of the Hire Goods from the Nominated Delivery Address.
  5. You agree to ensure that the Nominated Delivery Address:
    • Allows a height of 2.65 metres, for a truck or van to complete delivery;
    • Is a flat surface;
    • Does not have any steps, stairs or sloped surfaces.
  6. You agree that if the Nominated Delivery Address involves steps, stairs or sloped surfaces that you must notify us as such and that we reserve the right to charge a fee for that inconvenience on delivery.
  7. We may provide the Hire Goods to you using our employees, contractors and third-party providers and they are included in these Terms & Conditions.
  8. We will endeavour to deliver and pick up the equipment as safe as possible but we will not be liable for any damage to personal property in doing so.
  9. We offer delivery of the Hire Goods within the Specified Delivery Area, as stated on our website from time to time, for a fee.
  10. If you are within the Specified Delivery Area, you can nominate a Nominated Delivery Address at the time of making your booking, for a fee. 
  11. If you are outside the Specified Delivery Area or otherwise wish to collect the Hire Goods, you may arrange to collect the Hire Goods by liaising with us using the contact details at the end of these Terms & Conditions.
  12. We will advise of the delivery or pick-up times available 3-12 hours prior to your event.
  13. If you are not available to immediately accept the Hire Goods on delivery or do not arrive for pick-up of Hire Goods at the agreed time, we reserve the right to charge for waiting, re-arranging delivery or re-arranging pick-up of the Hire Goods.
  14. We do not deliver Hire Goods more than 100 metres from the point of access at the Nominated Delivery Address.
  • We reserve the right to charge an additional fee if the delivery at the Nominated Delivery Address requires the Hire Goods to be delivered more than 100 metres from the point of access.
  • We accept no liability for delays in delivery that are outside of our reasonable control, including but not limited to traffic and weather conditions.
  • You agree to offer a form of identification with a photograph, on delivery of the Hire Goods or pick up of the Hire Goods, to confirm that your identity matches the Invoice.

USE AND SAFETY PROVISIONS

  1. You acknowledge and agree that you are to use our Hire Goods in accordance with these safety provisions, and we are not liable for any loss, damage, or harm caused to you, if these provisions are not followed.
  2. You agree to:
    • The relevant waiver for the Hire Goods;
    • Follow all troubleshooting instructions provided to you in relation to the Hire Goods, including but not limited to any checklists we provide to you;
    • Ensure that a 240-volt outlet is available at the site where the Hire Goods will be used, if the Hire Goods are stated on our website as requiring such an outlet;
    • Ensure that a responsible adult over the age of 18 years is supervising the Hire Goods;
    • Ensure that the Hire Goods are used in accordance with any instructions relating to age restrictions;
    • Ensure that no glitter or other sticky substances are permitted on or in the Hire Goods;
    • Ensure that if children are using the Hire Goods they are supervised at all times by an adult;
    • Ensure that we are notified promptly on the day of using the Hire Goods, and in any event, within the Hire Period if there are any issues with the Hire Goods; 
    • Ensure that emergency responders are called if reasonably required; and
    • Ensure that the Hire Goods are kept away from swimming pools.
  3. You agree to undertake research as to the weather conditions at the location you intend to use the Hire Goods. You agree to only use the Hire Goods in reasonably safe weather conditions that do not significantly increase your risk of suffering an injury.
  4. If, at any time during the hire, a situation arises and you are unsure of the proper procedure, please contact us using the contact details provided at the end of these Terms & Conditions.

PRICE AND PAYMENT

  1. Any quotation provided by us to you is valid for 7 days.
  2. A Payment is required to secure the Hire Goods for the Hire Period. A Payment will be either:
    • 100% of the Hire Fees plus any security bond; or
    • Any other amount deemed by Eltham Kids Party Hire
  3. You acknowledge that the Hire Goods are not secured for the Hire Period until the Deposit has been paid by you.
  4. You agree to pay us any Fees for the Hire Goods that you have requested in accordance with our Payment Terms and by the Payment Method, as set out on our Invoice.
  5. We do not accept cheques. Bank transfer receipts as proof of payment on the day of delivery are not accepted.
  6. You agree to ensure that all funds are cleared in full prior to the commencement of the Hire Period.
  7. An additional Security Bond is payable on booking, pick-up or delivery of the Hire Goods, which we will hold until the Hire Goods are returned in acceptable condition.
    • If Hire Goods are damaged, returned to us dirty or otherwise requiring cleaning or maintenance that is not routine, we reserve the right to claim from your Security Bond.
  8. If you fail to make payment in accordance with the Payment Terms and the Hire Period commences, we reserve the right to charge interest the rate of the penalties interest rate act plus 2% per annum on the balance of the invoice that remains unpaid.
  9. If you return any of the Hire Goods late, we reserve the right to charge the applicable Fees per day for the Hire Goods.
  10. If you require us to attend to any issues with the Hire Goods (Call Out), you are liable to pay any reasonable costs and expenses where we determine that you or others using the Hire Goods have caused the issue(s).
    • You are liable to pay up to $175.00 per hour for the Call Out.
  11. All amounts are stated in Australian dollars.
  12. All amounts stated are inclusive of GST.
  13. The Fees and Hire Goods can be varied by written agreement between us, including by email.

CANCELLATION

  1. We will provide you with a full refund if you cancel your booking of the Hire Goods within 24 hours of receipt of the Invoice (provided the cancellation does not fall within the Hire Period). 
  2. If wish to cancel your booking seven or more days prior to the Hire Period, you will receive a full refund including any Security Bond
  3. If you wish to cancel your booking within seven days of the Hire Period, we will issue you a voucher that can be redeemed for the Hire Fees within one year of the date of the original Booking Period and the Security Bond will be refunded to you.
  4. If you cancel your booking during the Hire Period we will not provide you with a refund of any Hire Fees, you will be refunded the Security Bond if the Hire Goods are returned in acceptable condition.

CLIENT OBLIGATIONS

  1. You must return the Hire Goods by the end of the Hire Period, unless otherwise agreed in writing between the parties.
  2. You acknowledge that the operation of the Hire Goods and the safety of any person using the Hire Goods whilst it is in your possession, is your responsibility.
  3. You agree not to remove the Hire Goods from the Nominated Delivery Address or any other location specified by you nominating where the Hire Goods are to be used.
  4. You agree to use our Hire Goods in accordance with the safety provisions as set out in these Terms & Conditions and any additional safety instructions that are provided to you by us, including but not limited to our instructions accompanying Hire Goods, or attached to the Hire Goods.
  5. You acknowledge that you are responsible for ensuring that the Hire Goods are in good working order at the time of collection. If you cause damage to the Hire Goods and accessories or if parts of the Hire Goods or accessories are lost, you are liable to pay the costs for repairs and/or replacement.
  6. If the Hire Goods are unclean or require maintenance that is not routine or to be anticipated, you accept liability for any reasonable costs and expenses incurred.
  7. You are responsible for obtaining any consents, licences and permissions from other parties necessary for the Hire Goods to be provided, at your cost, and for providing us with the necessary consents, licences and permissions.

TITLE

  1. You agree to keep the Hire Goods and accessories in your custody and not to sublease, rent, sell, or otherwise transfer the Hire Goods provided to you.
  2. The Hire Goods and accessories will, at all times, remain the property of Eltham Kids Party Hire and may be removed by us at any time after the termination of these Terms & Conditions.
  3. We reserve the right to come and inspect the Hire Goods at any time.
  4. We reserve the right to take possession of the Hire Goods if we become aware that:
    • You are or are becoming insolvent or bankrupt, commit an act of bankruptcy or make an assignment for the benefit of a creditor;
    • You part with possession of the Hire Goods; or
    • You breach any other terms and conditions of this Agreement.

TERMINATION

  1. The parties may terminate the Terms & Conditions by mutual agreement, by notice in writing including by email.
  2. We may terminate the Terms & Conditions immediately, in our sole discretion, if:
    • We consider that a request for the Hire Goods is inappropriate, improper or unlawful;
    • For any other reason outside our control which has the effect of compromising our ability to provide the Hire Goods requested within the required timeframe; or
    • Your payment of the Fees or Bond is incomplete and you do not promptly re-arrange for payment to be made.
  3. On return of the Hire Goods, we will return the Bond to you, unless the condition of the Hire Goods is such (assessed at our discretion) that you forfeit some or all of the Bond or if the condition of the Hire Goods is contested and subject to Clause 9’s dispute resolution procedure.
  4. On completion of the Hire Period, we will retain your documents (including copies) as required by law or regularity requirements. Your express or implied agreement to the Terms & Conditions constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms & Conditions.

FEEDBACK AND DISPUTE RESOLUTION

  1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Hire Goods, please contact any member of our staff.
  2. You agree to notify us as quickly as possible on the day of using the Hire Goods, and in any event within the Hire Period if there are any issues with the Hire Goods.
  3. If there is a dispute between the Parties in relation to these Terms & Conditions, the Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting). If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Victorian Small Business Commissioner to appoint a mediator and conduct mediation. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms & Conditions, by law or in equity.

LIMITATION OF LIABILITY AND DISCLAIMERS

  1. ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Hire Goods by us to you which cannot be excluded, restricted or modified (Statutory Rights).
  2. Our liability is governed solely by the ACL and these Terms & Conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
  3. Except for your Statutory Rights, the Hire Goods are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  4. Hire Goods: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Hire Goods we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Hire Goods for or for a result which you have told us you wish the Hire Goods achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Hire Goods is limited to us re-supplying the Hire Goods to you, or, at our option, us refunding to you the amount you have paid us for the Hire Goods to which your claim relates. 
  5. Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Hire Goods and this agreement, except those set out in this agreement. You acknowledge and agree that we are not liable for any loss, damage or injuries which occur, directly or indirectly, from the use of our Hire Goods.
  6. This clause will survive termination of these Terms & Conditions.

INDEMNITY

  1. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly, indirectly, or as a consequence of any breach of these Terms & Conditions; and any misuse of the Hire Goods; from or by you, your employees, contractors or agents.
  2. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Hire Goods including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
  3. The obligations under this clause will survive termination of these Terms & Conditions.

GENERAL

  1. Advice and Liability for Expenses: Each party must obtain its own independent legal advice and pay its own expenses incurred in negotiating, executing and stamping this Agreement.
  2. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
  3. Publicity: You consent to us photographing you, your guests and using advertising, marketing or otherwise publicly announcing that we have undertaken work for you.
  4. GST: If and when applicable, GST payable on our Hire Goods will be set out on our Invoices
  5. Relationship of parties: The Terms & Conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
  6. Assignment: The Terms & Conditions is personal to the Parties.
  7. Severance: If any provision (or part of it) of the Terms & Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid.
  8. Governing law and jurisdiction: This Agreement is governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.