a) Welcome to and thank you for visiting www.brisbanemovienights.com which is owned and
operated by Sofi & Andrew Douglas trading as “Brisbane Movie Nights” (hereafter “Brisbane
Movie Nights”, “we” or “us”). Using the Website, you can browse, and purchase items listed
for sale on the Website from Brisbane Movie Nights.
b) Unless we expressly state otherwise in writing, any purchase that you make using the
Website and your use of the Website is subject to these terms and conditions.
c) You will be deemed to have accepted these terms if you do any of the following things: i.
Purchase any item on the Website; or ii. Click “Accept Terms”; or iii. Remain on the Website.
d) These terms and conditions are governed by the laws of the State of Queensland and the
Commonwealth of Australia. Any dispute arising under these terms may only be litigated in
the courts of that state.
e) Brisbane Movie Nights reserves the right to change these terms at any time without notice.
As such, even if you have read our terms in the past, you must carefully re-read the terms
prior to completing a purchase as the terms may have changed. You should also review our
terms when using the Website as the terms may have changed.
2. Rescheduling and Cancelation
a) If in the case of a storm or high winds, a wet weather plan must be enacted-usually the school hall.
b) If you need to postpone your event, a credit will be issued for a later date (within 12 months)
c) If a booking is cancelled less than 7days prior to date: 75% of the booking amount will be refunded. The remaining is non-refundable.
d) It is advisable to have a weather-proof back-up location in the event of inclement weather.
High winds are a risk for large screens.
3.Purchase of Hire Package:
a) Brisbane Movie Night’s business involves the sale of leisure packages which include but are
not limited to: i. The hire, delivery and collection of bedding, seating, films and projectors; ii.
The sale of food and beverages; and iii. The hire, delivery and collection of party food
equipment.
b) Unless otherwise expressly stated, all purchases on the Website are final. Brisbane Movie
Nights is not required to agree to any cancellation or refund but may do so on a case-by-case
basis and at its sole discretion. In the event of inclement weather, we can work with you to
reschedule your movie night, dependant upon availability.
c)You are responsible for providing correct details in relation to the time for which you wish to
hire any product, your personal details and payment. Brisbane Movie Nights reserves the
right to charge you for any order in relation to which incorrect details are entered, and to
pursue any failed or rejected payment through all means permissible at law.
d) If you purchase alcoholic beverages from Brisbane Movie Nights, you warrant that you are at
least 18 years of age and that you will not permit any person below the age of 18 to drink
alcoholic beverages. If you are below the age of 18 or Brisbane Movie Nights reasonably
believes that you intend to allow persons under 18 to consume alcoholic beverages, it may
refuse to provide the beverages but charge you for them.
e) From time to time, an item or items listed on the Website may be temporarily unavailable or
unable to be delivered. If this occurs, Brisbane Movie Nights will endeavour to inform you
promptly and will refund any amount paid. You will have no further claim against Brisbane
Movie Nights whatsoever.
4.Purchase and Storage of Personal Information:
By using the Website and/or placing an order on the Website you note, warrant and agree
that:
a) The manner in which Brisbane Movie Nights collects, stores and uses your personal
information is governed by our Privacy Policy. By accepting these terms, you are deemed to
also accept Brisbane Movie Night’s Privacy Policy.
b) All personal information you provide is accurate, correct and up to date.
c) While Brisbane Movie Nights will endeavour to protect any personal information you provide,
you will not hold it liable for any breach of security resulting in such information being
disclosed or used by any other party.
5.Accuracy of the Package Description:
a) Brisbane Movie Nights will endeavour to ensure that every item it sells or includes in a
package is accurately described on its Website. Notwithstanding this, from time-to-time
product availability may require small changes to the items delivered as part of a package,
specifically in relation to individual ingredients in (or a particular brand of food or drink) in a
food and drink package. You will have no claim for a refund unless the change substantially
alters the nature of what is received.
6.Damage to Hire Items:
a) You acknowledge that you are responsible for any items that you hire from Brisbane Movie
Nights and will be liable for damage caused.
b) Pursuant to clause 5(a), on delivery of any hire item, it is your responsibility to check that the
item is undamaged and in good working order and to notify Brisbane Movie Nights
immediately if this is not the case. If you fail to do so, you will be deemed to have caused any
damage to the item.
c) Brisbane Movie Nights may require the provision of a deposit or a credit card number for
security in case of damage to hire items.
7.Late Delivery:
a)You will not be entitled to any refund or compensation because of late delivery of a Brisbane
Movie Nights package unless the package is delivered more than 2hrs late, in which case you
are entitled to a refund of the cost of the package and no further compensation. For the
avoidance of doubt, you are only entitled to this refund if you choose not to accept the
package.
8.Dietary Requirements:
a) In the event that you have any allergy or dietary requirement and purchase food or
beverage/s from Brisbane Movie Nights you acknowledge that: i. Brisbane Movie Nights
offers no warranty that the food or drink is free from any substance to which you are allergic;
and ii. Brisbane Movie Nights will not incur any liability as a result of an allergic reaction that
you suffer after consuming food or beverages supplied by Brisbane Movie Nights.
9.General Liability:
a) You acknowledge that there is an inherent risk in operating electrical equipment such as
projectors. You should not allow any electrical equipment to become wet or mishandle any
such equipment. You expressly release Brisbane Movie Nights from any liability as a result of
any injury suffered while using a projector, movie screen, or electrical equipment supplied by
Brisbane Movie Nights.
b) You will not be entitled to any refund or discount because you do not enjoy a film that you
select.
c) Except where your property is directly damaged by an item caused by Brisbane Movie Nights
(and you have not contributed to the damage) you will have no claim against Brisbane Movie
Nights for any damage that it or its products cause to your property.
10.Copyright:
a) The Website and products offered for sale on the Website are subject to Australian and
international copyright and intellectual property law. You may not copy or reproduce any such
material (or part thereof) without Brisbane Movie Night’s express written permission. You
agree to indemnify Brisbane Movie Nights against any damage it suffers as a result of your
breach of this term.
11.Release and Indemnity:
a) Except where it is expressly stated otherwise, you will have no claim against Brisbane Movie
Nights as a result of your use of the Website or purchase of any item on the Website.
b) Except where it is expressly stated otherwise, you agree to indemnify Brisbane Movie Nights
against any damage it suffers as a result of your use of the Website or your purchase of any
item on the Website.
c) You acknowledge that Brisbane Movie Nights may collect your personal and payment
information. While Brisbane Movie Nights endeavour to keep this information secure, you
expressly release it from any liability for failing to do so.
12.Dispute Resolution:
a) If a dispute arises between you and Brisbane Movie Nights, you agree: i. To negotiate with
Brisbane Movie Nights in good faith for a period of at least 30 days; ii. Only after such
negotiation, to submit to arbitration by an arbitrator appointed by the President of the Law
Society of Qld, with the costs to be split evenly.
13.Severance of Unenforceable Term:
a) If any part of this document is deemed illegal it will be severed but only to the minimum extent
required by law.