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Terms & Conditions

1.         IN THESE TERMS & CONDITIONS ("Terms") the following expressions shall have the following meanings:

a.       “The Business” means Ezy Kids Parties QBN 21011590 and their licensees and agents;

b.       “The Customer” means any person who agrees to abide by these terms on his own behalf or on behalf of any other person and any person whose agent agrees to abide by these terms.

c.       "The Equipment" means the equipment described in any Order received by the business from the customer;

d.       "Period of hire" means the period of time described in the Order or any extension thereof;

e.       "Event date" means the date of the customer’s party and or event.

f.       "Games Host" means a person hired from the business by the customer to coordinate a Hosted Games Package at the customer’s party or event, as part of a themed package for the period of hire.

g.       "The Equipment Insurance" means the policy of insurance arranged by the business in respect of the Equipment.

h.       "Order" means a paid request for products and or services from the business;

i.         "Person" includes a company, legal entity or body of persons;

j.        "Web site" means the domain www.ezykidsparties.com.au;

k.       Words importing any one gender shall be deemed and taken to include all genders and the singular to include the plural and the plural the singular unless the contrary as to gender or number is expressly provided;

l.         Any reference to a statutory enactment shall be a reference to such enactment as amended from time to time;

m.      Headings shall not be taken into account in the construction of these terms.

2.        These terms apply to all contracts for the sale of products and or services by the business to its customer notwithstanding any conditions to the contrary contained in any purchase order or otherwise except as expressly agreed in writing and acknowledged by the business.

3.        Property in any goods supplied shall remain vested in the business and shall not pass to the customer or any other party until the invoice relative to such goods shall have been duly and fully paid. Notwithstanding the foregoing all parts and goods are at the risk of the customer from the time of supply.

4.        Every care is taken to ensure that products supplied by our business are in good and useable condition. No claim to the contrary will be entertained unless received in writing by the business within seven (7) days of delivery to the customer.

5.        The business shall be not be liable to the customer for any loss or damage or consequential loss or damage arising from the use of the equipment or delivery of services to the customer howsoever caused and of whatever nature that damage or loss might consist of. In the event that this provision should be declared unlawful then in view thereof the business’s liability to the customer will not in circumstances exceed the total consideration paid by the customer to the business in respect of an Order.

 

Ezy Kids Parties Website

6.        The information provided on our web site is for residents of Australia only and should not be relied upon by residents of any other jurisdiction.

7.        The customer warrants that any information provided to the business will be true, complete and accurate.

8.        You agree that the business may use the information you provide, to send you information about our products and services in the ordinary course of our business (unless you otherwise advise to the contrary).

9.        The customer will not use any information or newsletter obtained or created through the business for any illegal or unlawful purpose or in breach of these terms.

10.     Copyright in all the product, merchandise, material, software, layout, design, text, graphics and code contained on or used to produce the web site and newsletters is subject to copyright. Other than as permitted by the business or these terms your use of anything in which the business has copyright is governed by the copyright laws of Australia.

11.      The business believes that the information and material provided on this web site is correct at the time of compilation but does not warrant the accuracy or currency of that information and material. You should carefully check the information and material (where relevant) to determine its currency.

 

General

12.     The business makes no representation or warranty that any goods and or service provided by the business to the customer is suitable for your intended purpose or that it will meet your expectations. The business will use its best endeavours to ensure that any goods and or service provided is accurate, timely, in good working order and secure (as the case may be) but does not make any warranty or assurance in this regard.

13.     We may vary these Terms, our Privacy Policy and our Order Policy from time to time and we recommend that you regularly review the terms and the Policy that will be made available on our web-site.

14.     You agree that these Terms and our Order Policy set out the entire agreement between us with respect to your access to, and use of, our products, services and information.

15.     Should any term or provision of these Terms be held to be invalid or unenforceable by a Court of competent jurisdiction, such term or provision shall be severed from these terms and the remaining terms and provisions shall remain in full force and effect.

16.     Any failure to act with respect to a breach by the customer or others does not waive the business's right to take action with respect to subsequent or similar breaches.

17.     These Terms are governed by and construed in accordance with the laws of the State of Queensland and you consent to the exclusive jurisdiction of the Courts of that State (including Courts having an appellate jurisdiction therefrom).

18.     Waiver of any breach of these terms by the business shall not constitute a waiver of any subsequent or continuing breach.

19.     Neither party shall be liable for any failure or delay in performance under these Terms for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

 

Hosted Games Package & Equipment Hire

20.    The customer is entitled to use and hold the equipment and or receive the service from the business or it’s suppliers for the period of hire described in the Order and at the end of which the customer agrees to return the equipment to the business or its supplier, if applicable. 

21.     The customer agrees to pay the business the Order fee and other charges for the equipment and or services as required for the period of hire.

22.    The customer agrees that;

a.       The service provided by a Games Host do not under any circumstances include the supervision and or care of a person attending an event date. Parents and carers are responsible for the behaviour and safety of those persons attending an event date;

b.       The Games Host is not responsible for the setting up or packing down of your event or party wares, decorations, structures, birthday cake or anything else not related to the package ordered from the business (unless otherwise agreed), and will leave the event venue at the end of the period of hire;

c.       They will report to the business within 24 (24 hours any damage to the equipment or any event which may give rise to a claim by any person against any party for injuries to persons or damage to property arising out of the use of the equipment;

d.       To use the equipment in a responsible and prudent manner and to check and maintain the equipment in accordance with the instructions provided with the equipment and to return the equipment (when required) to the business or its supplier in good order and repair (reasonable wear and tear accepted);

e.       They will not use the equipment for any unlawful or illegal purposes;

f.       They will not use the equipment whilst under the influence of drugs or intoxicating liquor.

23.    The customer acknowledges that:

a.       The interest of the customer in the equipment is as bailee of the business only and the customer agree not to part with possession or dispose of, encumber or assign any interest or create any lien in respect of the equipment.

b.       The business shall have the right at any time to repossess the equipment for any reason. If the customer is not in breach of these terms the customer will be provided with replacement equipment of a similar type to the equipment repossessed, or a refund of that part of the Order equipment so repossessed at the businesses discretion.

c.       Prizes and merchandise supplied as part of a package are subject to availability. The customer agrees to permit the business to submit a suitable replacement at the business's discretion for any product and or merchandise that is not available when required.

d.       The business may take photos at the customer’s party for promotional use, including the Ezy Kids Parties website, unless you otherwise advise to the contrary.

24.    In the event of loss or damage to the equipment or damage during the customer's use or possession of the equipment then;

a.       The customer will be liable to pay the amount stated in the Order as the excess on the Equipment insurance. On such payment the customer will be under no further liability to the business for damage to equipment.

b.       In the event that any loss or damage is not covered or fully covered under the insurance policy the customer will indemnify the business against all claims by any party or parties for damage suffered howsoever caused arising from the use of the equipment;

c.       If the customer has breached any term or condition of these terms the customer shall be liable to the business for loss or damage to the equipment and any third party for damage.

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TESTIMONIALS

  • "Hi michelle,just wanted to say a BIG THANK YOU for the lovely, colourful, tasteful cake and the awesome princess snow white Emily,the girls all enjoyed the fun activities and I hope she did the same. Allara was soooooooooooo happy and very excited, she couldn’t stop talking about the activities and fun she had - thanks!!!!!"

  • "Hi Michelle, Just wanting to say a big thank you for the two beautiful princesses who came to host Hannah's birthday. Princess Sally and Princess Hayley were absolutely wonderful. They kept the girls entertained and happy. Last night Hannah gave me a big cuddle and said "Thank you Mummy, that was the best birthday ever!!" So once again, Thank you....Your business cards were quickly snapped up too."

  • "The party was a huge hit. My daughter said it was the best day she has ever had. And all the kids left with big smiles on their faces. Thank you to yourself for organising it all and the girls for controlling the mayhem, they were great. It really was a great party and I appreciate the extra photos."

  • "I would just like to say that the party was fantastic and Sally did a great job, my son and his friends loved her. I will certainly use your service again. All of the parents that were here were also very impressed."