ADDITIONAL TERMS OF SERVICE FOR OUR CLIENTS
These Additional Terms of Service for Clients (“Terms”) apply to all clients, or all potential clients of kidstruction [ABN 83604937255] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client of ours. If you do not agree, you cannot hire any of our Goods. We may change this Agreement at any time, and by continuing to use or access our website and services, you are accepting those changes.
BEFORE RENTAL
Things you must do before renting Goods via our website
You must:
· be 18 years old or have parental consent;
· provide complete and accurate information to us, including account information, and Drivers Licence or identification information, and promptly inform us of any updates to your information*;
· pay for the Goods Hire for the Hire Period via the published payment methods available;
· have any special offer coupons ready as they must be used at the time of purchase to apply; they cannot be applied retrospectively.
Any personal information you provide for your Booking is used subject to our Privacy Policy which you can read here. You acknowledge and agree that we rely on the Information you provide.
Where we contact you and receive no reply from you within 14 days, your Booking may be forfeited.
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
· change and update information including shipping charges, delivery times, availability, and promotions;
· change Hire Fees or descriptions of our Goods;
· change our range of Goods for hire, or discontinue Goods for hire; and/or
· cancel bookings if the information is inaccurate.
How it works
Our Goods for hire are various party equipment. We are responsible for delivering the Goods at the start of the Hire Period, and we will pick up the Goods at the end of the Hire Period. We service the Sunshine Coast and surrounding areas. You must ensure that all children using the Goods are supervised by a responsible adult at all times. You also agree to comply with all safety instructions provided by us and the manufacturer. This includes, but is not limited to, the proper use of safety gear and adherence to recommended usage guidelines. Where you see any defects to the Goods you must report them to us immediately. Failure to do so may result in immediate termination of the hire agreement and forfeiture of Hire Fees.
Acknowledgements you make when hiring Goods through our website
You acknowledge and agree that there may be:
· occasional errors or omissions in descriptions, Hire Fees, shipping charges, delivery times, availability and promotions;
· colour differences, so that the colours and images of Goods we display may be different on your screen from the colours and images of the actual Goods;
· some Goods with limited quantities, and some hires that are limited to certain regions or groups of people.
Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Goods, and do not warrant the condition or quality of the Goods in any way.
Things you must do when receiving Goods
· comply with the manufacturer’s and our instructions in relation to the Goods;
· only use the Goods for the purpose they were designed for and not make any modifications or alterations to the Goods;
· . The hirer may not transfer this contract to another party without written consent of the Supplier.
· contact us by email at info@kidstruction.com.au or at 0494395508 if you have any issues with the Goods.
BOOKING OUR SERVICES
A Booking deposit of $200 must be paid to secure the booking for your Goods Hire. We do not book any Hire Dates in, until the deposit has been paid in full and cleared. Deposits are non-refundable if you cancel within 30 days of booked event, however, can be added to your account for any future bookings.
HIRE PERIOD
The Hire Period is a 3-hour period unless otherwise agreed prior in writing. You are entitled to use the Goods during the Hire Period. We do not refund any Hire Fees where you return the Goods early. Failure to return the equipment or driver is unable to access the equipment for pick up will incur a daily charge for the equipment for any days beyond the agreed hire period.
DELIVERY
We require that you notify us of a Representative that is able to accept the delivery and confirm the services on the Drop off Date; and receipt of the particular Goods. Risk of the Goods passes to you on delivery whether or not you nominate a Representative. We use our reasonable endeavours to estimate the Drop Off Date but are not liable to you if any Goods are not delivered on or before the Drop Off Date. You must contact Australia Post or the courier company directly if you have late, stolen, or damaged deliveries. We require you or a nominated person to be there at time of drop off to accept the delivery. Risk of the Goods then passes over to you until the Goods are picked up from the Supplier. All payments are required to be completed in full, previously via Debit or Cash prior to Delivery. We endeavour to assure all equipment is in working order prior to party commencing.
The Hirer is responsible for notifying the Supplier if there are any variables that may impact the drop off of Goods. All Goods are requested to be dropped off at ground level only. Where the delivery of Goods is more than 15 metres from accessible parking, requires upstairs transport or a steep incline/decline, an additional delivery fee will be charged. If the drop off location is deemed inaccessible, the Supplier reserves the right to refuse delivery.
RETURN OF GOODS
Goods must be provided to us at the end of the 3-hour Hire Period in clean condition, unless otherwise agreed – additional time agreed upon during booking at additional cost. The Supplier will pick up the Goods from the Location agreed upon during booking. Where items are lost, damaged or stolen, all Replacement Costs will be charged to your credit card provided. (The Replacement Cost is the full retail cost of the items plus GST plus delivery. In some cases, the supplier of Goods may have a minimum order requirement. You must pay the full cost of the minimum order.) Where the items require additional cleaning a cleaning Fee may also be charged.
TITLE TO GOODS
You acknowledge that we retain title to the Goods and that you have the right to use the Goods as a mere bailee only. You must not sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession with the Goods.
PAYMENT TERMS
All payments must be made via cash, credit, or debit transfer. All Hire Fees are due in full and 2 weeks prior to the Drop off Date. Where we do not receive payment, we reserve the right to cancel the booking. The hirer is required to pay in full if Goods are stolen, gone missing, damaged, require extra cleaning, or vandalised.
You further acknowledge and agree and authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided.
CANCELLATIONS
Where you wish to cancel a Booking, you must provide us as much notice as possible, and email us at info@kidstruction.com.au. Within 72 hours of the event, we will not provide a refund. Between 72 hours and 14 days you will receive 50% of your money refunded. Between 14 days and 30 days, upon cancellation you are entitled to reschedule your booking, transferring your deposit paid to a new date. Any cancellation made beyond 30 days; a full refund will occur.
Where we need to cancel your Booking, a refund will be given, and we will use our reasonable endeavours to give you as much notice as possible.
CHANGES, POSTPONING AND REFUNDS
Any changes to your Hire Period, Goods, or Location is at our sole discretion and is subject to availability. You must contact us at info@kidstruction.com.au to request any changes. Further fees, such as a Transfer Fee may apply.
To the extent permitted by law, all Hire Fees and other fees are non-refundable.
If we need to cancel your hire, we will provide a refund
Except as required by law, all Hire Fees are non-transferable and non-refundable. On occasion, we may cancel Booking where we are unable to fulfil it. In these or similar circumstances where we have to cancel a Booking, we will provide you with a full refund. In some instances, where we cannot fulfil your booking, we will call you and ask if you would like to reschedule or a refund.
OBLIGATIONS UNDER THE AUSTRALIAN CONSUMER LAW
Our hire services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to:
· cancel this Agreement with us and to a refund of the unused portion, or
· to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion.
You acknowledge and agree that the nature of the Hire Services means that we cannot rectify them after the event. You acknowledge and agree to immediately notify us upon the receipt of the Goods if you are at all dissatisfied.
MARKETING
You may photograph or video the Goods and post on socials or any other media. This includes, but is not limited to social media, brochures, websites, Pinterest, advertising, magazine submissions and other publications related to self-promotion and marketing. It is your responsibility to ensure all images posted on social media have given consent from the parent/guardian of any children in the image. You permit us to also use any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions, and professional awards across all print or digital mediums, including our social media channels. You must seek our prior written consent/ tag us where you are going to publish information about us in the media or otherwise.
TERMINATION
Where you breach this Agreement in any way, we may repossess the Goods without demand or notice, and declare the full amount of the Hire Fees immediately due and payable. We may also commence legal proceedings. We may also refuse to provide Hire Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately refuse to offer the Hire Services. We can also stop offering our Hire Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Hire Services. We will, however, use our reasonable endeavours to notify you if we suspend or stop our Hire Services.
LIABILITY AND INDEMNITY
You acknowledge that the use of Goods such as carpentry equipment involves inherent risks, including the risk of injury. By hiring our Goods, you assume all risks and responsibilities associated with their use.
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of the Hire Services, including, but not limited to, any errors or omissions in any website content, price changes or discontinued services, any changes, or any faulty Goods provided by you, or any injuries sustained by children using the Goods. To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: -
· the supply of equivalent services; or
· the payment of the cost of the services.
In any case, our liability to you will not exceed the amount actually paid by you to us.
You are solely responsible for all Loss or Damage to the Goods, or any Loss or Damage which may occur during the Hire period.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, and your use of the Goods, including but not limited to where you provide incorrect information, and including but not limited to any claims arising from injuries sustained by children using the carpentry equipment.
The hirer is responsible for any injuries that may be caused from any of the equipment. It is up to the hirer to follow the manufactures guidelines and any OH&S policies during the hire period. The Hirer will not hold Kidstruction responsible or liable for any injury caused to themselves or others whilst using equipment, moving, or setting up equipment.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event. You will remain liable to us for all Hire Fees, however at the supplier's discretion, we may reschedule or refund due to such circumstances.
IF THERE IS A DISPUTE
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Events and other terms and conditions on our website, these Terms for Events prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
DEFINITIONS
“Australian Consumer Law” means the Competition and Consumer Act 2001 (Cth).
“Booking” means the booking of your Goods Hire.
“Cancellation Fee” means the fee we charge you where you cancel with the stipulated notice above.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Booking” means the booking you make to secure the hire of Goods.
“Deposit” means the fee we require at the time of booking to secure your booking and is $200 of the Fee. This will be deducted from the party's total
“Cleaning Fee” means the cost to clean the Goods.
“Hire Date” means the date of Hire of the Goods.
“Location” means the address you notify us and where the Goods will be delivered and where they will be used.
“Drop Off Date” means the date your Goods are delivered at the Location.
“Fee” means the fee or fees we provide in our Quotation.
“Force Majeure Events” include any pandemic, including COVID-19, changes to regulations, government restrictions, weather events, travel limitations, venue closures or any other events beyond our control.
“Goods” means the goods we agree to hire to you.
“Goods Hire”/”Hire Services” means the goods hire services we agree to provide.
“Hire Fees” means the fees for hiring the Goods.
“Hire Period” means the period which we agree to hire the Goods to you, and which is usually a period of 2 hours.
“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
“Replacement Costs” means the costs it takes to replace the Goods.
“Representative” means the representative you advise us that is available for delivery.
“Services” means the hire services we agree to provide to you.
“Transfer Fee” means a fee of $50 where you wish to transfer to another Hire Period.
“We, us, or our” means Cody Jackson t/as kidstruction [ABN 83604937255] and includes any of our, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
“Website and services” means www.kidstruction.com.au and everything available on this website including, but not limited to, all products and services.