Terms & Conditions

DEFINITIONS

For the purposes of these terms and conditions the hirer or buyer of the Equipment shall be referred to as the “Client” or “Customer”. Events By You Australia, is the owner and supplier of the Equipment and shall be referred to as either the “Owner”, “We”, “EBY” or “Events By You”. “Equipment”, “Item/s” or “Products” means all items that are hired by the Client and collected by Client or delivered by Events By You to the Client, whether the items have been paid for or not. The Equipment shall always remain the property of Events By You whilst on hire.

DEPOSIT & PAYMENT TERMS

a. All bookings are not locked in until a non-refundable 30% deposit or full payment has been paid by client and confirmed by Events By You. Events By You has the right to cancel any orders if deposits or full amounts have not been paid at due time and will allow another client to hire the items.
b. All invoices are to be paid in the form of bank transfer only. Payments can take 1-3 business days to clear in the Owner’s bank account and no items will be delivered or collected until full amount has been received and cleared.
c. Quotes are valid for 14 days only unless other arrangements have been made via email between Events By You and the Client. If a price increase were to occur after the 14 days has passed and no deposit has been received from the Client, Events By You has the right to charge the client at the new product price.
d. Final invoice amount is due 14 days prior to event date. If event date is less than 14 days prior to order being placed, then the Client agrees to pay the full invoiced amount at time of booking.
e. Events By You reserves the right to amend or revise its rates or prices without notice.
f. If Events By You is booked for an event setup on a Public Holiday, a 12% Public Holiday surcharge will be applied automatically to client’s total invoice amount.
g. At the end of the 3 day hire period, Events By You may allow the Client to hold the Equipment for a longer period than was previously agreed. This is at the discretion of Events By You only and needs to be agreed to in writing via email only. If Events By You has not been notified of a longer hired period time, then the Client agrees to pay a daily 10% charge of the total invoice amount until all items are returned to Events By You office.

DELIVERY, SETUP & COLLECTION

a. Delivery, Setup and Collection are subject to availability and quoted based on day of the week and location.
b. All pricing of products does not include Delivery, Shipping or Collection fees. These are charged at an extra cost to the client.
c. Any discount offers will not be included in Delivery, Shipping and Collection and may not be used in conjunction with any other offer. Additional exclusions may apply.
d. Unless otherwise specified, any delivery charges quoted are based on: Delivery, Installation, Removal and Return of Equipment being supplied is conducted during business hours only. Delivery is made to street level, ground floors, or levelled floors and clear of any obstruction. Any variation to these assumptions may incur further charges payable by the Client.

CANCELLATIONS

a. If the client cancels their event due to unforeseen circumstances (including without limitation, illness, death, any Government restrictions, COVID-19, lockdown, close contact) they are to email Events By You as soon as they become aware that the date will not be going ahead.
b. The client understands that the 30% deposit they paid at time of booking, will not be refunded under any circumstances. This is in place to protect Events By You and the considerable time invested in planning and production. Cancellation shall not affect your obligation to pay for services provided, work performed, and materials provided, after the acceptance of these Terms.
c. Any remaining balances paid over the 30% deposit amount, 14 days or more before event date, may either be refunded to client or turned into an event credit, at the client’s request.
d. There will be no refund given if client cancels their event within 13 days of their event date. The client will be issued an event credit only.
e. If a certain product has been ordered in specifically for client and/or Events By You have made alterations to said product, or we have made something custom for clients event, no refund will be given for these items. This is due to the items being personalised to client and not something we will re-use or hire out.
f. Upon receipt of such cancellation email, the Owner has no further obligation to supply and or deliver the Equipment to the Client.
g. The cancellation email must clearly state all Equipment that is no longer required by the Client.
h. Where a cancellation email is received on the event date, booking delivery, collection date, or the Equipment has already been dispatched from our Office and has arrived at supplied destination, the client understands there will be no refund or credit given and Events By You has the right to remain all monies paid.
i. Cancellations of any orders due to weather will still be subject to the cancellation policy above. Events By You is in no way responsible for uncontrolled weather that may cause the client to cancel their booking.

DAMAGED, LOST, STOLEN OR UNCLEAN EQUIPMENT

a. Upon delivery and/or collection of the equipment and until the return of the equipment to Events By You office, the client agrees they have the full responsibility of all equipment hired.
b. Events By You has the right to charge the client a full replacement cost of any equipment badly damaged, lost or stolen.
c. Any damaged equipment will be decided by Events By You if it can be repaired or will require replacement.
d. Damage includes but is not limited to any items broken, smashed, holes, burns, vandalised, water damage, tears.
e. In poor weather conditions storage of the equipment may be necessary and is the responsibility of the client to ensure all equipment is stored safely. Any equipment damaged from the weather is the full responsibility of the client and shall be paid at full replacement cost to Events By You.
f. Events By You will ensure all equipment delivered and/or collected will remain in a clean and well-maintained condition. Please notify Events By You via email within 2 hours of receiving the equipment, should it not be in a satisfactory condition. If we are not notified via email of any damage or uncleanliness, the equipment shall be deemed the clients full responsibility.

SHIPPING AND COLLECTIONS

a. Delivery times listed on Events By You Website under ‘Shipping and Collections’ page are only used as a guide and cannot be used as a definite. Events By You will not be held liable if deliveries are longer than said times.
b. Processing times vary from 5 business days to 15 business days and EBY will always do their best to maintain quick processing times. All processing and delivery times are listed in business days.
c. Due to COVID-19 some deliveries may take longer than usual, EBY suggests allowing more time for these orders to avoid disappointment. Events By You Australia is in no way responsible for items being delayed or lost as soon as they reach the courier company.
d. In the event of damage on arrival, the client must contact the courier company in the first instance.
e. If any items are not in stock and currently on back order, the client will be advised prior to order being finalised. No shipping will commence of other products until all items are in stock. Should the client wish for separate deliveries they agree that more than one shipping fee will be required.

COLLECTION AND RETURN OF EQUIPMENT

a. Client collections and returns are from Events By You home office based in Surrey Downs, South Australia.
b. Time and day of pickup must be agreed between Client and Events By You. Once agreed, the office address will be given out 1 day prior to collection.
c. The Client accepts full responsibility to check that the correct products, colours, and quantities of Equipment ordered are displayed on the invoice and are therefore provided to the Client.
d. The Client accepts full responsibility to return all Equipment at the end of the hire period specified by Events By You. If the Client does not return Equipment at the end of this period, a daily 10% charge of the total invoice amount will occur until all items are returned complete and undamaged with all fittings, to our office.
e. If the Client requires Events By You to collect the products and this has not been agreed to in writing via email prior to Event Date, a collection fee will be charged and must be paid for immediately. Collection fee will be priced based on the hiring equipment’s location.

EXTRA SOFT PLAY TERMS & CONDITIONS

a. All safety instructions must be adhered to by the client hiring the items, in order to avoid injury and/or any damage to the equipment.
b. No shoes, sharp objects, food, drinks, glasses, chewing gum, textas, glitter, face paint, any other liquids, smoking or animals are to be on the soft play equipment.
c. A responsible adult must supervise the equipment and children at all times, to ensure all rules are being followed correctly. Equipment must not be moved once it is setup by Events By You, as damage may occur.
d. Events By You is not to be held liable for any injury incurred whist using the equipment.
e. The client is responsible for any damage to the equipment. Any repairs needing to be made due to damage, are to be paid to Events By You within 30 days.
f. If there is any excessive mess on the equipment, then an additional cleaning charge of $50 will be charged.

FORCE MAJEURE

a. If Events By You is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, COVID-19, Lockdown or Quarantine required, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) Events By You may give written notice to that effect to the Client, giving full particulars of such force majeure in which case the obligations of Events By You under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure.
b. Events By You shall not be liable for any loss or damage suffered by the Client because of any delays caused by such force majeure events.

EQUIPMENT FAULT

If the Equipment breaks down or becomes unsafe to use during the Term, the Client must:
a. Immediately stop using the Equipment and notify Events By You in writing via email.
b. Take all necessary steps to prevent injury or death occurring to persons or property because of the condition of the Equipment.
c. Take all steps necessary to prevent any further damage to the Equipment itself; and
d. Not repair or attempt to repair the Equipment without the prior written consent of Events By You.

PRIVACY AND CONFIDENTIALITY

a. At no time will any personal information of the client be shared, sold, or rented to a third party.
b. Events By You guarantees to keep the client identity and details strictly confidential, unless Events By You suspects the client is in breach of the Terms and Conditions policy and has been engaged in unlawful activities requiring disclosure to the relevant authorities.
c. The security of the client’s personal information is important to Events By You Australia. Any information collected via email, in person, telephone, or on Events By You website, will be respected and only used for the purposes of providing a better service to the client.
d. Events By You may provide links to other websites; however, this is only done for the ease of client navigation and in no way causes Events By You to be responsible for any images, graphics or content displayed on these websites as they are not under the control of Events By You.

PROPERTY ACCESS TO HIRED EQUIPMENT

a. Agreed via email between Events By You and client. Events By You can meet the client at the event location and help place equipment in the correct spot. All items will be put together prior to Events By You leaving.
b. If client will not be at the event location Events By You requires a proxy in place to decide where the items need to go. We will always endeavour to place all items near the designated area, as advised by the client, if accessible.
c. The client acknowledges that all property in and title to the Equipment always remains with Events By You. The client does not acquire any property in or title to the Equipment and the client’s interest in the Equipment is as Bailee of Events By You only.
d. Events By You also reserves the right to terminate the Hire Contract at any given time and is entitled to take possession of the Equipment immediately.
e. Equipment that has not been returned by the client or access to collect Equipment at the end of the hire has been denied, causes the Equipment to be deemed stolen. The relevant authorities will be notified to facilitate in the retrieval of the Equipment.

DISCLAIMER

a. The client accepts full responsibility for the use and/or operation of the hire Equipment and hereby agrees to release and fully indemnify the Owner against any third-party claims, actions, demands, suits, costs and expenses for damage or injury or death to person, or persons, or property arising directly or indirectly out of the hire or use of the Equipment, by the Client or persons associated with the Client.

ACCEPTANCE OF THESE TERMS AND CONDITIONS

a. The client accepts the Terms and Conditions at the time of the order being placed and deposit paid, along with the Invoice attached via email.
b. By accessing and or using Events By You website, the client agrees to comply with the Terms and Conditions of Events By You Australia. Every effort is made to keep the website operating correctly; however, Events By You takes no responsibility for, and are not liable for the website being temporarily unavailable due to technical problems beyond its control.
c. The terms and conditions at any time can be modified to suit the changing business needs and as soon as the changes are posted and visible the amended terms and conditions are affective.
d. The client hereby unconditionally accepts these terms and conditions and acknowledges that the acceptance is a conditional procedure that is fully understood and confirmed by the client, once possession of the Equipment is taken from Events By You.