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 “BrisbaneMovie Nights”, “we” or “us”). Using the Website, you can browse, and purchase items listedfor sale on the Website from Brisbane Movie Nights.
b) Unless we expressly state otherwise in writing, any purchase that you make using theWebsite 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 theCommonwealth of Australia. Any dispute arising under these terms may only be litigated inthe 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 termsprior to completing a purchase as the terms may have changed. You should also review ourterms when using the Website as the terms may have changed.
2.Purchase of Hire Package:
a) Brisbane Movie Night’s business involves the sale of leisure packages which include but arenot 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 foodequipment. b) Unless otherwise expressly stated, all purchases on the Website are final. Brisbane MovieNights is not required to agree to any cancellation or refund but may do so on a case-by-casebasis and at its sole discretion. In the event of inclement weather, we can work with you toreschedule your movie night, dependant upon availability. c)You are responsible for providing correct details in relation to the time for which you wish tohire any product, your personal details and payment. Brisbane Movie Nights reserves theright to charge you for any order in relation to which incorrect details are entered, and topursue 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 atleast 18 years of age and that you will not permit any person below the age of 18 to drinkalcoholic beverages. If you are below the age of 18 or Brisbane Movie Nights reasonablybelieves that you intend to allow persons under 18 to consume alcoholic beverages, it mayrefuse 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 orunable to be delivered. If this occurs, Brisbane Movie Nights will endeavour to inform youpromptly and will refund any amount paid. You will have no further claim against BrisbaneMovie Nights whatsoever.
3.Purchase and Storage of Personal Information:
By using the Website and/or placing an order on the Website you note, warrant and agreethat:
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 beingdisclosed or used by any other party.
4.Accuracy of the package description:
a) Brisbane Movie Nights will endeavour to ensure that every item it sells or includes in apackage is accurately described on its Website. Notwithstanding this, from time-to-timeproduct 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 afood and drink package. You will have no claim for a refund unless the change substantiallyalters the nature of what is received.
5.Damage to hire items:
a) You acknowledge that you are responsible for any items that you hire from Brisbane MovieNights 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 theitem is undamaged and in good working order and to notify Brisbane Movie Nightsimmediately if this is not the case. If you fail to do so, you will be deemed to have caused anydamage to the item.
c) Brisbane Movie Nights may require the provision of a deposit or a credit card number forsecurity in case of damage to hire items.
a)You will not be entitled to any refund or compensation because of late delivery of a BrisbaneMovie Nights package unless the package is delivered more than 2hrs late, in which case youare entitled to a refund of the cost of the package and no further compensation. For theavoidance of doubt, you are only entitled to this refund if you choose not to accept thepackage.
a) In the event that you have any allergy or dietary requirement and purchase food orbeverage/s from Brisbane Movie Nights you acknowledge that: i. Brisbane Movie Nightsoffers 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 thatyou suffer after consuming food or beverages supplied by Brisbane Movie Nights.
a) You acknowledge that there is an inherent risk in operating electrical equipment such asprojectors. You should not allow any electrical equipment to become wet or mishandle anysuch equipment. You expressly release Brisbane Movie Nights from any liability as a result ofany injury suffered while using a projector, movie screen, or electrical equipment supplied byBrisbane Movie Nights.
b) You will not be entitled to any refund or discount because you do not enjoy a film that youselect.
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 MovieNights for any damage that it or its products cause to your property.
a) The Website and products offered for sale on the Website are subject to Australian andinternational copyright and intellectual property law. You may not copy or reproduce any suchmaterial (or part thereof) without Brisbane Movie Night’s express written permission. Youagree to indemnify Brisbane Movie Nights against any damage it suffers as a result of yourbreach of this term.
10.Release and Indemnity:
a) Except where it is expressly stated otherwise, you will have no claim against Brisbane MovieNights 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 Nightsagainst any damage it suffers as a result of your use of the Website or your purchase of anyitem on the Website.
c) You acknowledge that Brisbane Movie Nights may collect your personal and paymentinformation. While Brisbane Movie Nights endeavour to keep this information secure, youexpressly release it from any liability for failing to do so.
a) If a dispute arises between you and Brisbane Movie Nights, you agree: i. To negotiate withBrisbane Movie Nights in good faith for a period of at least 30 days; ii. Only after suchnegotiation, to submit to arbitration by an arbitrator appointed by the President of the LawSociety of Qld, with the costs to be split evenly.
12.Severance of unenforceable term:
a) If any part of this document is deemed illegal it will be severed but only to the minimum extentrequired by law.