Photobooth Finder

Terms and Conditions

Agreement

Use of the Photo Booth Finder website (http://www.photoboothfinder.com.au) and its content is offered to users and photo booth hire operators (“operators”) on acceptance of these Terms and Conditions, our Privacy Policy and Codes of Conduct and any other notices or agreements posted on this website (together “the Terms”).

Your use of this website whether as a user or as an operator indicates your acceptance of the Terms and constitutes a binding legal agreement between Photobooth Finder (in the Terms “we”, “our” or “us”) and you.

If you do not agree to be bound and comply with the Terms then you may not access or use this website.

Amendment of Terms

We have the right, at our sole discretion, to modify, add or remove any part of the Terms without notice or liability to you. Any changes to the Terms shall be effective immediately following the posting of such changes on this website.

You agree to review the Terms from time to time and agree that any subsequent use by you of this website following changes to the Terms shall constitute your acceptance of all such changes.

Whole Agreement

The Terms and other relevant documents and agreements constitute the entire agreement between you and us with respect to the use of this website.

Operator Registration

If you are an operator:

  • By registering through this website you grant us the right to add your personal information to our database. From time to time we may contact you about offers, new services and products. You can easily be removed by either unsubscribing via a link or email to us at info@photoboothfinder.com.au and we will remove you from marketing communications.
  • You may place a listing on this website by:
    • first registering with us and then submitting the electronic order form on this website; or
    • providing equivalent details to us by mail, telephone, email or facsimile.
  • A request to place a listing submitted by you on this website in the manner described on this website is an offer by you to place a listing on this website for the price (plus GST) as specified at the time you submit your order. We will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or your order due to inaccurate or incomplete details provided by you in respect of your order.
  • Once you submit your order, cancellations of your order cannot be made (unless changes to the order are made by specific agreement with us). You must check your order carefully prior to submitting your order with us.
  • Once your order is accepted you grant us the right to place a listing with your information on it on this website and provide it to appropriate users.
  • Any user information we provide to you will only be used for the purposes of attempting to hire a photobooth or photobooths to a user and for no other purpose.
  • You will not use your listing to lure Photobooth Finder website users to contact you directly by any means including but not limited to phone, email or your website. Breaches will result in your listing being removed and any lead credits on your account being forfeited.

Acceptance of and Declining Orders

If you are an operator:

  • We reserve the right to accept or decline your order or any part of your order for any reason at any time.
  • Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order.
  • All orders placed must obtain pre-approval with an acceptable method of payment, as established by us. We may require additional verifications or information before accepting any order.
  • In the event we decline an order or part of an order we will notify you by email. We are not obliged to give a reason for declining your order or part of your order. We will not be liable to you for any loss or that of any third party for declining your order or part of your order.
  • Upon declining an order or part of an order we will make all reasonable attempts to contact you using the details provided. All received monies relating to that part of your order which has been declined will be refunded using the method received. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We are not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

Operator Order Cancellations

If you are an operator:

  • Unless set out in these terms and conditions no cancellations or changes to orders will be accepted.
  • Unless set out in these terms and conditions, we reserve the right to refuse order cancellation for any reason.
  • If we accept an order cancellation which we are not obliged to do we reserve the right to charge a cancellation fee equivalent to 10% of your order plus GST.

Lead Fees - Price & Payment by Operators

Any prices quoted are in Australian Dollars and include goods and services tax (GST) if applicable.

Prices are subject to change without notice, unless you are an operator and have already submitted an order at a stipulated price, in which case there will be no change or alteration in price (provided your order is not affected by a pricing error, in which case that order will be declined and we will contact you).

In respect of any order, we will charge you and you agree to pay the price.

You can pay for your goods by any of the methods specified on the electronic order form on this website. You authorise us to debit any credit card or debit card nominated by you at the time you submit your order.

You acknowledge and agree that any payment in respect of an order must be cleared by us before a listing is made on this website and the order fulfilled. If your payment cannot be processed, your order will be declined.

In paying or attempting to pay for an order, you agree that you have not engaged in any fraudulent conduct or contravened any law.

Lead Fees - Refund Policy

Our lead fees are non-refundable once payment has been processed. In the instance where duplicate or fake enquiries are found to have occured and are validated by investigation by us, we may choose but are not obliged to provide credit on future lead fees to operators. No refunds will be given.

User Information

If you are a user by providing information on or through this website you grant us the right to add your personal information to our database and provide it to appropriate operators. From time to time we may contact you about offers, new services and products. You can easily be removed by either unsubscribing via a link or email to us at info@photoboothfinder.com.au and we will remove you from marketing communications.

Your Promises to Us

This website may be used only for lawful purposes relating to a photo booth hire directory and enquiry service. We prohibit any use of this website, and you agree not to use this website, for any purposes other than designated by us, including but not limited to:

  • The storage of information, data, or files related to pornography, gambling, alcohol, weapons, or software or other intellectual property piracy.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website.
  • Taking any action that imposes an unreasonable or disproportionately large load on this website's infrastructure.
  • If you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the commonly recognized search engine and search agents, and other than generally available third party web browsers (e.g., Firefox, Safari, or Microsoft Explorer).
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
  • Aggregating, copying or duplicating in any manner any of the website content or information available from this website.
  • Framing of or linking to any of the website content or information available from this website.
  • Participating in a denial-of-service attack against this site or against any other web site or computer environment by using this site.
  • Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this website any material that is unlawful or violates the rights of others.
  • Engaging in any screen scraping or data acquisition and consolidation.
  • Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that we create to generate any website content or the pages making up this website.
  • Infringing the intellectual property rights of others in any way.
  • Making any unauthorised commercial use of this website.
  • Using users or operators contact details for any purpose other than for the purpose of this website.

Site Security Rules

You are prohibited from violating or attempting to violate the security of this website, including but not limited to:Accessing data not intended for such user or logging into a server or account which the user is not authorised to access.Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.Attempting to interfere with service to any user, operator, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing".Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of network security may result in civil or criminal liability.We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users and operators who are involved in such violations.

Data you input into this website

You are solely responsible for the data and information that you input or upload to this website. You represent and warrant to us that the information you submit through this website is your own information and is complete, accurate and truthful.

Use of Website Information

The information contained on this website is for information purposes only relating to photo booth hire services. No guarantee or warranty is made and we offer no express or implied guarantee or warranty regarding the benefits or effectiveness of any information provided by or obtained from this website. We make no express or implied guarantee or warranty that you will find that the information obtained through or provided by this website will be satisfactory, complete, be of benefit, will be suitable for your own circumstances, or that you will find a suitable photo booth hire service or receive sales from the enquiry leads it may generate.

You are solely responsible for deciding whether this website and any of our information or information generated by it, is suitable for your purposes. Users and operators who use information provided by or through this website do so at their own risk, and we assume no responsibility or liability whatsoever for any actions taken by users or operators.We have no liability or responsibility to users or operators for the performance or non-performance of any activities in which users or operators engage through the information provided by us or engage with third parties with whom they come in contact through this website.

Nothing contained on this website is intended to provide advice, nor is it a substitute or replacement for advice. You are advised to consult with professionals with regard to any action you might undertake regarding the use of information on thiswebsite or provided by this website. Further, we are not liable for any damages sustained upon your reliance on the information contained on or received through this website.We are not responsible if information made available on this website is not accurate, reliable, complete, timely, or current, and we do not assume any responsibility for errors, inaccuracies, typographical errors or omissions. For all users and operators, the content on this website represents the information as at the date of publication. This website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. It is solely up to you to check and confirm that details are recorded correctly.

Any reliance upon the information found on this site will be at your own risk. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to this website.This website is only an information database and directory with an in-built enquiry system. We accept no responsibility for any agreements or contracts entered into by and between users and operators.We cannot and do not verify or validate any references, written or otherwise, and accept no responsibility of any kind concerning the credentials or information claimed by operators. As a result,we have no control over the quality, safety or legality of information provided by operators from this website and/or from third parties or the truth or accuracy of any such information. You assume all risks associated with dealing with users, operators and third parties with whom you come in contact through this website and/or from information obtained through this website.We cannot and do not confirm that each user or operator is who they claim to be. Because we do not and cannot be involved in user to operator dealings or control the behaviour of users or operators, in the event that you have a dispute with a user or operator, you release and indemnify us, our subsidiaries, affiliates, officers, directors, employees, agents, and partners, from all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Customer Comments

We appreciate hearing from operators and users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.

Login and Password

You are responsible for maintaining the confidentiality of your login information and password to this website. You shall be responsible for all uses of your logins, whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your login or password.

Benefit of Agreement Cannot be Transferred or Assigned

The benefit of your rights under the terms of this agreement may not be transferred or assigned without our consent which may be withheld at our absolute discretion..

Notification of Claimed Copyright Infringement

If you believe that your copyrighted work has been uploaded to this website and is accessible on this website in a way that constitutes copyright infringement, please notify us with the following information:

  • The physical or electronic signature of either the copyright owner or of a person authorised to act on the owner's behalf;
  • A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
  • Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
  • Your name, address, telephone number and, if you have one, your e-mail address;
  • A statement by you that you have a good faith belief that use on this website of the copyrighted work in the manner you are complaining of is not authorised by the copyright owner, any agent of the copyright owner, or the law; and
  • A statutory declaration by you that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorised to act on behalf of the copyright owner. 

Intellectual Property

“Photobooth Finder”, and any of our trademarks and trade names, and any variations thereof, are and shall remain our trademarks and trade names and our exclusive property. Any unauthorised use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners, and may not be used by you in any form.

This website (including without limitation all programs, compiled binaries, interface layout, interface text, documentation and graphics) is our property and is protected by copyright, trademark, and other laws of Australia and other countries. We reserve any rights not expressly granted to you.

You may not sell or modify the website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public or commercial purpose. The use of this website content on any other website or in a networked computer environment for any purpose is prohibited.

Disclaimers

You use this website at your sole risk. This website is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to this website or any feature of it at any time without notice and without reason.

We do not warrant that this website will operate error-free or that this website and its server are free of computer viruses or other harmful mechanisms. If your use of this website results in the need for servicing or replacing equipment or data, we are not responsible for those costs. We, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. We make no warranties about the accuracy, reliability, completeness, or timeliness of this website, its content, services, software, text, graphics and links.

The transmission of data or information (including communications by e-mail) over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our privacy policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.We take no responsibility whatsoever for the contents of the information you have uploaded to this website, and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of files and data, or failure to store any files or data. Nor are we responsible for loss of files or data through the action of any third party or because of circumstances beyond our control. All users and operators are expected to have their own backup of all of the files and data transferred to this website.

Limitation of liability

To the fullest extent permissible, you understand and agree that neither we or any of our subsidiaries or third party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use this website or any other site you access through a link from this site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorised access to and alteration of your transmissions and data, and other tangible and intangible losses.

This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

Disclaimer of consequential damages

In no event shall we or our directors, officers, members, employees, agents, representatives, suppliers, or any third parties mentioned on this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this website and the website content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

Your liability

If you cause a technical disruption of the site or the systems transmitting the site to you or others you agree to be responsible for any and all liabilities, costs and expenses (including legal fees) arising from that disruption.

Indemnity

You agree to indemnify, and hold harmless Photobooth Finder, its subsidiaries, affiliates, officers, directors, employees, agents, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from:Your use of this website.

  • Any material you provide to us through this website.
  • Any website content that you use.Your breach of the TermsWe shall provide notice to you of any such claim, suit, or proceeding and may at our option assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Breach of Agreement

We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to immediate termination without notice of your registration with, or ability to access, this website and/or any other service provided to you by us, upon any breach by you of the Terms, or if we are unable to verify or authenticate any information you submit to this website.

Additional Terms and Conditions

We make no claims that the website content may be lawfully viewed or accessed in any specific jurisdiction. Access to the website content may not be legal by certain persons or in certain countries. If you access the website you are responsible for compliance with the laws of your jurisdiction.

Without limiting any of the other disclaimers of warranty set forth in the Terms, we do not provide or make any undertaking as to the quality or nature of the information obtained on this website or any other representation, warranty or guaranty.

Suspension

We reserve the right at our sole discretion to remove any content from this website at any time, with or without warning or notice and without refund should information or action be deemed by us to be misleading, inappropriate or dishonest or if we are unable to verify or authenticate any information you submit to this website.

Termination

We reserve the right to, at our sole discretion, terminate the Terms and your access to and use of this website without refund:

  • at any time for convenience, upon provision of notice to you;
  • immediately if we reasonably believe that you have breached the Terms; or
  • immediately if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

Notices

We may give notice to you by email. You may give notice to us by email to info@photoboothfinder.com.au.

Legal Jurisdiction

The Terms shall be governed by and construed in accordance with the laws of Queensland. You irrevocably consent and submit to the exclusive jurisdiction of the Courts located in Queensland in connection with any action arising out of or related to the Terms or their subject matter. Any contract or transaction is deemed to take place in Brisbane, Queensland.

Severance

If any provision of the Terms is held illegal, invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue in full force and effect.

Waiver

No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such provision or any other provision of the Terms.

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