Terms and Conditions
PartyPax Terms of Service
1a) PartyPax (or PartyPax Melbourne or Hiire) on the ABN 32 895 120 137 is us or any person acting on behalf of and with the authority of us.
1b) "PartyPax" or "partypax.com.au" , or any other variations of these domains or display names, means any of our shop locations throughout the Commonwealth of Australia, internationally and online.
1c) “Client” (“renter“, “customer”, "hiree", “you” or “your”) means the client or any person acting on behalf of and with the authority of the client and/or the ‘cardholder’. The ‘cardholder’ (being the person that either books the sign, backdrop or other items or pays for the sign, backdrop or any other items) is incorporated into the definition of the client (and is considered as the client in addition to the person that books the sign, backdrop or other item) regardless of whether they are using the sign, backdrop or other item.
1d) “hire period” means the period that the client books a hire for – starting from the time the product is picked up by the client from us, to the time the product is to be returned in person back to us.
1e ) “hire fee” (“hire price”, “price”) means the cost of the hire of the product inclusive of GST as agreed between us and the client.
1f) “product” means all signs and backdrops (including neon signs and accompanying merchandised materials such as the transport bags, fishing wire, remote etc.) supplied on hire by us to the client in accordance with these Terms.
2. Acceptance (general and minors)
2a) The following circumstances constitute your acceptance of these Terms:
- your signature (whether electronic or actual); or
- your confirmation (whether electronic or actual); or
- your conduct (either express or implied); or
- any instructions received by us from the client which a reasonable person would believe constitutes acceptance of these terms.
2b) Where more than one client has entered into this agreement, the clients shall be jointly and severally liable for all payments in connection with hire fees due and owing to us.
2c) Upon acceptance of these terms by the client, the terms are binding and irrevocable and can only be amended with the written consent of us.
2d) If you are 13 or older but under the age of 18, you represent and warrant in favour of PartyPax that you have reviewed these terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these terms. We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our services on this basis.
3a) At our sole discretion a bond may be required, payable at the beginning of the hire period, at the time of pickup from us, which shall be refunded upon return of the Product/s in a condition acceptable to us in our sole discretion. Unless stated otherwise no bond is payable.
4. Hire period and late fees
4a) Where product has not been returned to us by the agreed hire return due date or time then we shall be entitled to charge additional hire fees until the sign is returned to us and the client expressly authorises to deduct such additional hire fees from the client’s credit card which was provided at the time of placement of the client’s order. Such additional charges shall be charged a fixed rate of 50% of the hire fee for each day overdue.
4b) If the client pays us an amount equal to 200% of the recommended retail value in late fees and the client still has the item(s) in their possession, the item(s) is the client’s to keep.
4c) If the client has not returned the rental item(s) within 15 days after the return date, PartyPax will consider the hire item(s) as non-returned and will charge the client’s credit card 200% of the recommended retail value minus the rental and late fees that the client has already paid.
5a) we take care of the maintenance of signs between hires. The client agrees that they will not attempt to clean, alter or re-wire the sign or any supporting parts.
5b) payment with us is acceptance of the below terms. Please ensure you are aware of the responsibility and liability of damage for products, to be determined at our full discretion. Damage to our hire products will be payable to us to a maximum of $800, including for broken products or non-return of our products and accompanying merchandised material.
6a) we retain the property of the product, but nonetheless, all risk for the product passes to the client on pickup/delivery. In particular, it is specifically the client's responsibility to set up the sign, backdrop or other hire items safely to ensure there is no safety risk.
6b) The client accepts full responsibility for the safekeeping of the sign and backdrop.
6c) If the sign gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the client then the client will be liable to pay for the replacement of the item. In assessing the replacement value, we will take into account, the demand of that sign in the market, the availability to purchase that sign in the market, the condition of the sign, and the rental fee that the client has already made.
7. Title To Hired Sign
7a) The sign is and will at all times remain the absolute property of PartyPax.
7b) If the client fails to return the sign to us then we or our agent may (as the invitee of the client) enter upon and into land and premises owned, occupied or used by the client, or any premises where the sign is situated and take possession of the sign.
8. Hire Defects
8a) The client shall inspect the sign on pickup and notify of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
8b) The client acknowledges that the sign which they are hiring from us may not be in their original condition and are therefore may be subject to general fair, wear and tear.
8c) The client will not be entitled to the provisions in clause 9 of these Terms if the sign is subject to general fair, wear and tear. The nature of general fair, wear and tear will be determined by us in our sole discretion.
9a) The hire fees in connection with a sign is strictly not refundable with 7 days of the event. We have sole discretion whether to refund at 50% before 7 days lead time to the event.
9b) If the client cancels the booking and give us one week’s notice in writing, we are happy to issue a credit for the store that it was booked through to be used on another hire within 6 months from the date of cancellation. That credit will expire (if not used) at the end of that 4 month period.
9c) Hire credits can only be used on other hires.
9d) Once a hire is placed using a credit, it is final and cannot be swapped/amended or cancelled for another credit note. If the hire fee of the newly chosen sign is less than the previous then client forfeits the difference in hire fee. If the hire fee is more on the newly chosen garment then the difference is payable by the client.
10. Client’s Responsibilities
10a) The Client shall:
- immediately notify us of any damage to the sign that occurs during the hire period;
- on termination of the hire, return the sign in person, complete with all accessories, in good order as given, to us;
- pay the hire fee in full (if and when due) in accordance with these terms;
- keep the sign in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the sign;
- not alter or make any additions to the sign or in any other manner interfere with the sign.
* not exceed prescribed voltage during the hire of the sign, nor use indoor signs outside.
we may cancel these terms or cancel the hire of a sign at any time before the sign is delivered by giving written notice. On giving such notice PartyPax shall repay to the client any sums paid in respect of the hire fee. we shall not be liable for any other loss or damage howsoever arising from such cancellation.
12. Default and Consequences of Default
12a) If the client owes us any money the client shall indemnify us from and against all costs and disbursements incurred by us in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, our collection agency costs or associated administration charges, and bank dishonour fees).
12b) Without prejudice to any other remedies we may have, if at any time the client is in breach of any obligation (including those relating to payment) under these terms we may repossess the sign or suspend or terminate the supply of signs to the client and any of its other obligations under the terms. we will not be liable to the client for any loss or damage the Client suffers because we has exercised its rights under this clause.
13. Security and Charge
13a) In consideration of us agreeing to supply a sign, the client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the client either now or in the future, to secure the performance by the client of its obligations under these terms (including, but not limited to, the payment of any money).
13b) The client indemnifies us from and against all costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising our rights under this clause.
14. Intellectual property rights
14a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our brand and in all of the material (including all text, graphics, logos, audio and software/online or app mediums) made available (content).
14b) Your use of our services under these terms, our website and/or use of and access to any content does not grant or transfer any rights, title or interest to you in relation to the Content.
15. Warranties and disclaimers
15a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our services under these terms or in regards to the Content.
15b) We reserve the right to restrict, suspend or terminate without notice your access to our services under these terms or any content at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
16a) To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our services and/or the information or materials connected with our services under these terms.
17. Jurisdiction and governing law
17a) These terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.