Terms & Conditions

Please read these terms and conditions carefully.

We are Ron McKay trading as South West Outdoor Movie Co. (ABN ) of 3 Waxflower Place, Eaton WA 6232 (“we”, “us” and “our”).

By purchasing any of our products or services, you agree to be bound by these terms and conditions and any policies which may apply, including our Privacy Policy, which you can find here [https://swoutdoormovie.com.au/privacy-policy]. We have specific terms and conditions that relate to use of our website, and by using our website you agree to these terms.

If you do not agree with any of these terms and conditions, please do not proceed with booking our products or services and contact us directly with any queries you may have.

1. 1. 1. Disclaimer
         
         You accept full responsibility for the use and operation of our equipment. You hereby release and indemnify us against all claims, actions, demands, suits, costs, and expenses, including of any third party, which results directly or indirectly from the use of our equipment during the hire period.Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms and condition.
      2. Bookings
         
         A $100 deposit is required to secure your booking (Deposit).

         You must pay the balance of the total costs for our product and or service at least 7 days before the date of delivery. If the balance is not paid to us within this timeframe, we may, at our sole discretion, cancel your booking, and your Deposit will be forfeited.

      3. Bonds and Credit Card Security
         
         We may, at our absolute discretion, require a refundable bond to be paid before we hire any equipment to you. This bond will be refunded to you once all our equipment is returned undamaged and in the same condition as it was received by you.

         We may request to hold the details of your credit card as security over payment of the equipment. By providing your credit card details you authorise us to hold securely the number, expiry date and security code of the card until our equipment is returned undamaged and in the same condition as it was received by you.

         Any damage or losses will incur a charge to you to the value of the full replacement cost of the equipment.

      4. Cancellations
         
         If you cancel our product or service less than 7 days before the delivery date, your Deposit will be forfeited.
         We reserve the right to cancel or reschedule our products and services without notice, in our absolute discretion. If we cancel our product or service to you, other than because of non-payment of our total costs within 48 hours of the date of delivery (clause 2), you will be entitled to a full refund of any funds already paid to us by you.
         
         We will not be liable for any loss or damage arising in connection with cancellation or rescheduling of our services.
         
         We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolutions, civil commotion, epidemic, industrial action and action or inaction by a government agency.
      5. Use of Equipment
         
         You are responsible for using, operating and handling our equipment correctly, in a proper, safe and careful manner and only for the purpose and capacity for which it was designed. When our equipment is delivered to you or collected by you, you acknowledge that it is in good working condition, and that you have received instructions to enable you to use the equipment safely for its purpose. You agree not to modify our equipment while on hire. Upon receiving our equipment, you agree to return it in the same condition that you received it. Any equipment or part thereof that is lost, damaged, broken or stolen while on hire will be charged at its full replacement value. Any accessories, such as boxes, crates, tubs, bags, and containers, fall under this category.
         
         If our equipment is lost or stolen while on hire to you, you must notify us immediately.
         
         Use of our equipment is for personal use only. We take no responsibility for any approvals or permissions required to use our equipment, including but not limited to due to your chosen location and or audience.

         
         A person 16 years of age or older must, at all times, supervise our equipment and use of our equipment.

      6. Delivery and returns
         
         On receipt of our equipment by you, it is your responsibility to ensure that it is in good condition, suitably equipped, and fit for the purpose for which it is required. After accepting our equipment, you are solely responsibility for its security, manner of use, operation and maintenance until it is returned.

         To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our products and services, whether express or implied. Our products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL):

         1. You may be entitled to a replacement or refund if there is a major failure of our service or product, and compensation for any other reasonably foreseeable loss or damage.
         2. Under the ACL you are entitled to a replacement if a product or service fails to be of acceptable quality and the failure does not amount to a major failure.

         Subject to the ACL:

         1. refunds will not be available unless you receive a product or service which is faulty (in which case the applicable remedy under the ACL will be available to you); and
         2. our total liability arising out of or in connection with your purchase of our products and or services, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent cost for the last product and or service purchased by you.
      7. Our Website
         
         Website Use
         
         If you do not agree with the following terms and conditions for use of our website, please exit our website and contact us directly with any queries you may have.

         We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
         
         We assume no responsibility for the content of websites linked on our websites.
         
         To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content published or forming part of it, whether express or implied.

         Intellectual Property
         
         We own or are authorised to use the intellectual property, including copyright, in all content of this website.
         
         We expressly reserve all intellectual property rights in this website and its contents. You may not copy or reproduce any of our intellectual property without our consent except as permitted by law.

      8. Amendments to Terms and Conditions
         
         We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon publication on our website or when otherwise provided to you.

         Your continued use of the website, or purchase of our products and or services, following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

      9. Applicable Law
         
         These terms and conditions are governed by the laws of Western Australia.
      10. Severance
          
          If any part of these terms and conditions are found to be void or unenforceable, that part shall be severed, and the rest of the terms and conditions shall remain in force.
      11. Waiver
          
          Any waiver of any provision of these terms and conditions will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies. The above terms and conditions supersede all preceding and contemporaneous agreements between you and us.
      12. How to contact us?
          
          You may contact us, including about our products and website, by emailing us at swoutdoormovie@gmail.com, or by calling us on 0457 291 806.