Terms and Conditions
For the purpose of this agreement, the following words shall have the following corresponding meaning:‐
‘247photobooth’ means 247photobooth
‘The Customer’ means the person, company or other entity which is hiring the Photobooth, as specified in the Booking Order Form.
‘The Photobooth’ means one or more photo booths owned by 247photobooth.
‘The Site’ means the location or locations at which the Photobooth are to be hired as specified in the Booking Order Form.
‘The Booking Date’ means the date of the Booking Order Form.
‘The Delivery Date’ means the time and date for delivery of the Photobooth to the site as specified in the Booking Order Form.
‘The Hiring Period’ means the period of time for hiring the Photobooth as specified by the event start time and end time in the Booking Order Form.
‘The Deposit’ means the Deposit specified in the Booking Order Form.
‘The Hiring Fee’ means the fee for hiring the Photobooth as specified in the Booking Order Form.
‘The Services’ means the package service specified in the Booking Order Form.
‘The Booking Order Form’ means the form signed by or on behalf of the Customer specifying details of, but not necessarily all of, the Customer, the site, the Delivery Date, the Hiring Period, the Hiring Fee, the Deposit, the Deposit and/or the Services.
IT IS AGREED that, in exchange for the Customer paying the Deposit and Hiring Fee, 247photobooth will deliver the Photobooth to the Site and lease the Photobooth to the Customer for the Hiring Period.
- Hiring, Delivery & Service
1.1. 247photobooth shall lease the Photobooth to the Customer and the Customer shall hire the Photobooth from 247photobooth subject to these terms and conditions.
1.2. 247photobooth shall at its own cost deliver the Photobooth to the Site on the Delivery Date and ensure that the Photobooth is prepared and ready for operation.
1.3. The hiring of the Photobooth under this agreement shall be for the Hiring Period
1.4. In addition to the hiring of the Photobooth, 247photobooth will provide the Customer with the Services.
- Booking Fee, Deposit, Hiring Fee and Other Money
2.1. The Customer must pay the Deposit on the Booking Date in order to secure the Delivery Date and the Hiring Period.
2.2. 247photobooth will credit the Deposit to the Hiring Fee.
2.3. At least fourteen (14) days prior to the Delivery Date, the Customer shall pay to 247photobooth the Hiring Fee. 247photobooth is not obliged provide the Photobooth and associated Services if the Hiring Fee is paid as per this clause.
2.4. The Customer shall pay to 247photobooth interest at the rate of twelve (12%) per cent per annum on:
2.4.1. All money due but unpaid by the Customer under this agreement from the due date of payment to the date of payment to 247photobooth; and
2.4.2. All money paid by 247photobooth in or in connection with the exercise or enforcement of its rights under this agreement, from the date of such payment by 247photobooth to the date of payment to 247photobooth.
2.5. The Customer’s obligation to pay all monies payable under this agreement at the times and in the manner herein provided, and 247photobooth’s rights in and to such money, shall be absolute and unconditional and shall not be affected by any defect in the Photobooth or the condition, operation or fitness for use of the Photobooth or any interruption or other restriction of or against the Customer’s use or operation of the Photobooth for any reason whatsoever, it being the intention of the parties hereto that the Deposit and other money payable here under shall continue to be payable in all events in the manner and at the times herein provided.
- Operation, Maintenance and Storage of Goods
3.1. The Customer warrants that it will operate the Photobooth with due care and diligence and in compliance with the instructions and recommendations of 247photobooth as to operation, and indemnifies 247photobooth for any breach by it of the warranty hereby given.
3.2. The Customer undertakes that, during the Hiring Period, the Photobooth will be and remain at all times under the Customer’s control and that the Photobooth will be kept at the Site and the Customer undertakes that the Photobooth will not be removed from the Site in any circumstance.
4.1. If the Customer cancels the booking at any time after the Booking Date, the Deposit will not be refunded.
4.2. If the Customer cancels the booking but desires to make an alternate booking, 247photobooth may decide, to its complete discretion, to credit the Deposit to the new booking.
4.3. If the Customer cancels the booking within fourteen (14) days of the Delivery Date, 247photobooth may retain the Hiring Fee. If the Customer cancels the booking but desires to make an alternate booking, 247photobooth may decide, to its complete discretion, to credit the Hiring Fee to the new booking.
4.4. 247photobooth may cancel the booking at any time without being responsible for loss, provided that 247photobooth must, in such case, refund in reasonable time any Deposit or Hiring Fee already paid by the Customer.
5.1. 247photobooth agrees not to sell your details to any third party and will take reasonable measures to ensure that your details remain confidential.
5.2. 247photobooth may contact you with future special offers and updates.
- Use of Images and Video
6.1. The Customer in agreeing to take up the Services gives 247photobooth permission and rights for images and video taken while providing the Services to be used on the website or social network site of 247photobooth and for 247photobooth’s advertising and promotional purposes. The Customer also understands that the 247photobooth takes no responsibility for people obtaining copies of the photos and videos from the website or social network site.
6.2. 247photobooth will not use images on their website or for advertising which are deemed unsuitable by 247photobooth.
- Risk and insurance
7.1. The Customer will assume all risks and liabilities for and in respect of the Photobooth and for injuries to or death of persons and damage to property howsoever arising from the possession or use of the Photobooth. The Customer indemnifies 247photobooth against the loss of or damage to the Photobooth, whether by fire, theft, accident, seizure, confiscation, malicious damage or otherwise, and will indemnify 247photobooth and hold 247photobooth harmless from all other losses, damages, claims, penalties, liabilities and expenses (including legal costs) howsoever incurred as a result of or in connection with the Photobooth or the possession or use of the Photobooth by the Customer.
- Reliance and warranties
8.1. The Customer hereby acknowledges that, in deciding to enter into this agreement, the Customer has satisfied itself as to the condition and suitability of the Photobooth and their fitness for the Customer’s purposes.
8.2. All conditions, warranties, express or implied, whether arising by statute or otherwise, as to the condition, suitability, quality, fitness for any purpose or safety of the Photobooth are hereby negatived and excluded to the full extent permitted by law, and 247photobooth gives no such warranty or condition and the Customer acknowledges that 247photobooth has not given any such warranty or condition.
8.3. 247photobooth and Customer agree that, in the event of a mechanical failure or for any reason or inability to perform such that the Customer cannot provide a functioning photo booth, 247photobooth’s liability is limited to the Hiring Fee. The Customer agrees that 247photobooth will not be responsible for any consequential loss.
- Customer’s Warranties & Guarantee
9.1. The Customer warrants and represents to 247photobooth that the Customer, being a company, is duly incorporated, and has full power and authority to enter into and observe and perform the terms of this agreement, or the Customer, being an individual, has the capacity to enter into and observe and perform the terms of this agreement.
9.2. The person or persons that enter this agreement on behalf of the Customer, being a company, hereby personally guarantee due performance of the company’s obligations under this agreement, including the Customer’s obligations to pay money.
- Force Majeure
11.1. 247photobooth will not be liable for failing to perform under this agreement by the occurrence of any event beyond our reasonable control, including a labour disturbance, internet outage or interruption of service, communication outage, failure by a service provided to us to perform, fire, threatened or actual act of terrorism, natural disaster, or war.
12.1. This agreement shall be governed by and construed in accordance with the laws of New South Wales.
12.2. If any provision of this agreement shall be found to be void, voidable or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
12.3. The headings in this agreement are inserted for convenience only and shall be ignored in construing this agreement.
12.4. 247photobooth may stop the usage of the photo booth at any time during the Hiring Period if they feel that the photo booth is being misused in a way that is dangerous to any persons or potentially damaging to the product.
12.5. Any variations to these terms and conditions must be agreed to in writing by 247photobooth.