Hire Terms

These Online Hire Terms, together with the details of each booking confirmed by us, set out the agreement under which B SCIACCHITANO & E ZAPPULLA trading as ZAPPITANO INDUSTRIES ABN 12 313 550 512, which operates The Party Line (The Party Line, we, us or our), hires an audio guest book and any accompanying accessories, packaging or other items specified in your booking (Hire Equipment) to you (Customer or you).

1. Bookings and this agreement

These Online Hire Terms apply to each booking you make with us for Hire Equipment through our website or otherwise and form part of each agreement between you and us for that hire.

When you submit a booking, you are requesting to hire the Hire Equipment for the dates and other details selected by you. Submission of a booking does not require us to accept or fulfil the booking.

Your booking becomes binding, and an agreement between you and us is formed, when we confirm that we can fulfil your booking and send you confirmation of the booking (Booking Confirmation).

By submitting a booking and proceeding with the booking process, you acknowledge that you have received or had access to these Online Hire Terms and agree that, if we issue a Booking Confirmation, these Online Hire Terms will form part of your agreement with us.

Your Agreement consists of:

• the Booking Confirmation;
• any special conditions expressly agreed between you and us in writing; and
• these Online Hire Terms.

If there is any inconsistency between the documents forming the Agreement, any special conditions expressly agreed between you and us in writing will prevail, followed by the Booking Confirmation and then these Online Hire Terms, to the extent of the inconsistency.

2. Hire

Subject to this Agreement, we agree to hire the Hire Equipment to you for the hire period specified in the Booking Confirmation (Hire Period), and you agree to hire the Hire Equipment from us and comply with this Agreement.

The Hire Equipment remains our property at all times. Your rights in relation to the Hire Equipment are limited to possessing and using it during the Hire Period in accordance with this Agreement.

3. Delivery and receipt

3.1 Delivery

We will arrange for the Hire Equipment to be delivered to the delivery address specified in your Booking Confirmation.

You must ensure that the delivery address and any other delivery information you provide to us are complete and accurate and notify us as soon as reasonably practicable if any of those details change.

We will arrange for the Hire Equipment to be shipped at least 10 Business Days before the Event Date.

You must take reasonable steps to ensure that the Hire Equipment can be safely delivered to the delivery address and received when delivery is attempted.

3.2 Receipt and inspection

You must inspect the Hire Equipment as soon as reasonably practicable after delivery.

If the Hire Equipment is missing, visibly damaged, incomplete or appears not to be working properly when delivered, you must contact our customer support service as soon as reasonably practicable and give us a reasonable opportunity to assist you before the Event Date.

Your failure to notify us of an issue does not exclude any right or remedy you may have under the Australian Consumer Law, but we may take into account whether you gave us a reasonable opportunity to investigate or remedy an issue when determining whether a later problem arose while the Hire Equipment was in your possession or control.

4. Use and return of Hire Equipment

4.1 Return

You must return the Hire Equipment to us promptly after the end of the Hire Period using the return packaging and prepaid return label supplied by us.

You must:

• keep all packaging materials supplied with the Hire Equipment so that they can be used for the return;
• lodge the Hire Equipment for return using the supplied return label within 2 Business Days after the end of the Hire Period;
• ensure that tracking information for the return is available to us within that period; and
• return all Hire Equipment, accessories and other items supplied as part of the booking.

If you do not lodge the Hire Equipment for return within the required period, we may charge you a late return fee of $50 for each day the return remains outstanding, unless you contact us and we accept that there is a reasonable explanation for the delay.

The late return fee is intended to compensate us for the impact of the delayed return on our ability to prepare and supply the Hire Equipment for subsequent bookings. Late return fees stop accruing when the Hire Equipment is returned or when we notify you that we are treating the Hire Equipment as not returned and charge the applicable replacement amount. We will not recover more than our reasonable loss or costs arising from the late return or failure to return the Hire Equipment.

4.2 Use

You must ensure that the Hire Equipment is used:

• only during the Hire Period and for the purpose for which it was hired;
• in accordance with the setup, use, care, return and other instructions we provide to you; and
• in accordance with applicable laws.

You are responsible for reviewing and understanding the instructions supplied with the Hire Equipment before using it and for ensuring that any person who uses or handles the Hire Equipment complies with those instructions and this Agreement.

You must not, and must not allow any other person to:

• use the Hire Equipment for any unlawful or dangerous purpose;
• alter, dismantle, modify, repair or interfere with the Hire Equipment; or
• attach, install or use any accessory or other item with the Hire Equipment in a way that may damage or interfere with it.

If you experience any issue with the Hire Equipment during the Hire Period, you must contact our customer support service as soon as reasonably practicable after becoming aware of the issue and follow any reasonable troubleshooting or other instructions we provide.

5. Responsibility for other users

You must ensure that any person you allow to possess, handle or use the Hire Equipment complies with this Agreement and with any instructions we provide in relation to the Hire Equipment.

You remain responsible for the Hire Equipment while it is in your possession or control, including any loss of or damage to the Hire Equipment caused by a person you allow to possess, handle or use it, subject to the other terms of this Agreement.

6. Customer greeting, audio recordings and privacy

6.1 Customer greeting

If your booking includes a custom greeting, you must provide the greeting through the method specified by us and by any deadline notified to you through your account, Booking Confirmation or booking process.

You are responsible for ensuring that the greeting you provide:

• is in the format reasonably required by us;
• does not contain unlawful material; and
• does not infringe the rights of any other person.

You authorise us to store, reproduce, process and use the greeting to the extent reasonably necessary to prepare the Hire Equipment and provide the services under this Agreement.

If you do not provide the greeting by the required time, we are not responsible for any resulting inability to load your custom greeting before the Hire Equipment is dispatched, except to the extent the failure was caused or contributed to by us.

6.2 Audio recordings

After the Hire Equipment is returned to us, we will use reasonable efforts to process the audio recordings captured using the Hire Equipment and make them available to you within 3 Business Days after we receive the Hire Equipment, and we will promptly notify you of any anticipated delay and the revised delivery date.

You acknowledge that the processing timeframe may be affected by technical issues or circumstances outside our reasonable control.

Once the recordings are made available to you, you are responsible for downloading them and maintaining any copies or backups you wish to keep.

We will retain the recordings for 12 months after they are made available to you to allow you to download them and to enable us to address technical or customer service issues.

After that period, we may securely delete the recordings unless we are required to retain them for longer by law or we agree with you to retain them for a longer period.

6.3 Recording rights and privacy

You authorise us to store, access, reproduce, process, convert and deliver your greeting and the audio recordings to the extent reasonably necessary to provide the services under this Agreement, provide customer support and comply with our legal obligations.

Nothing in this Agreement transfers to us ownership of any intellectual property rights you hold in your greeting or the audio recordings.

You acknowledge that audio recordings may contain personal information about guests or other persons who are not parties to this Agreement.

You are responsible for ensuring that your use of the Hire Equipment and your subsequent use, sharing or publication of the recordings complies with applicable laws and for obtaining any permissions or consents required by law.

We will handle personal information and audio recordings in accordance with our Privacy Policy, applicable law and reasonable security safeguards, and we will notify you without undue delay after becoming aware of any unauthorised access to or disclosure of your greeting or audio recordings.

7. Payment

7.1 Fees

You must pay the fees and other amounts specified in your Booking Confirmation or otherwise payable under this Agreement (Fees) at the times required by this Agreement.

7.2 Stored payment method

When you submit a booking, your payment card details are collected directly by our payment processor. We do not receive or store your full payment card details.

You authorise our payment processor to store or tokenise the payment method you provide for the purpose of processing the Fees and any other amounts properly payable by you under this Agreement in accordance with clauses 7.3 and 7.4.

No payment or card pre-authorisation is taken when you submit your booking.

We may provide our payment processor with information about you and your booking that is reasonably necessary to process payments, prevent fraud, assess payment risk, manage chargebacks or payment disputes and provide payment-related support, in accordance with our Privacy Policy.

7.3 Payment on confirmation

If we confirm that we can fulfil your booking and issue a Booking Confirmation, you authorise us to charge the full amount of the Fees specified in the Booking Confirmation to the payment method stored by our payment processor.

We will process that charge when we issue the Booking Confirmation.

Any refund of Fees following cancellation or a change to your booking is subject to the cancellation and refund provisions of this Agreement.

7.4 Invoices and additional amounts

If an amount becomes payable by you under this Agreement after your booking has been confirmed, including an amount relating to late return, loss, theft, damage, repair or replacement of the Hire Equipment, we may issue you an invoice or written notice specifying the amount payable, the basis for the charge and the due date for payment.

The due date must be at least 7 Business Days after the invoice or written notice is issued. You authorise us to charge an amount properly payable under this clause to the payment method stored by our payment processor on or after the due date specified in the invoice or written notice. If you genuinely dispute all or part of an amount claimed under this clause, you must notify us in writing before the due date and provide reasonable details of the basis of the dispute. We will not charge the disputed amount to your stored payment method while the parties seek to resolve the dispute. If only part of an amount is disputed, we may charge any undisputed amount to your stored payment method on or after the due date.

If an amount properly payable under this Agreement remains unpaid after its due date, we may take reasonable steps to recover that amount, including referring the debt to a debt collection provider. To the extent permitted by law, you must reimburse us for reasonable third-party costs we actually incur in recovering an overdue amount from you.

7.5 Payment method

You must pay the Fees and any other amounts payable under this Agreement using the payment method made available through our booking process or otherwise specified by us.

7.6 GST

Unless otherwise stated, amounts payable under this Agreement are inclusive of GST where GST is applicable.

8. Cancellations, refunds and booking changes

8.1 Cancellation by you

You may cancel your booking by giving us written notice.

Subject to any rights you have under the Australian Consumer Law or any other applicable law, if you cancel your booking because you have changed your mind or no longer require the Hire Equipment, your refund will be:

• 100% of the Fees paid if you cancel more than 30 days before the Event Date;
• 50% of the Fees paid if you cancel between 14 and 30 days before the Event Date; and
• no refund if you cancel less than 14 days before the Event Date.

Any refund payable under this clause will be processed using the original payment method unless we agree otherwise.

If the amount retained under this clause exceeds the reasonable costs or losses we incur or are reasonably likely to incur as a result of the cancellation, we will refund the excess to you.

8.2 Booking and Event Date changes

You must notify us as soon as reasonably practicable if you want to change the Event Date or any other material detail of your booking.

A requested change is subject to availability and does not take effect unless we confirm the change in writing.

We will use reasonable efforts to accommodate a requested change to the Event Date.

If we cannot accommodate your requested Event Date, you may elect to retain the original Event Date or cancel the booking, in which case any refund will be determined under the cancellation provisions of this Agreement by reference to the date on which you requested the change, unless we agree otherwise in writing.

8.3 Cancellation by us

Before we issue a Booking Confirmation, we may decline your booking if we cannot fulfil it.

If we decline your booking before issuing a Booking Confirmation, we will not take payment for the booking.

If, after issuing a Booking Confirmation, we become unable to supply the Hire Equipment for the Event Date, we will notify you as soon as reasonably practicable.

If we cannot provide suitable replacement Hire Equipment or otherwise fulfil the booking, we may cancel the booking and will refund within 5 Business Days all amounts you have paid for goods or services that have not been provided.

Nothing in this clause limits any right or remedy available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

9. Ownership and possession

9.1 Ownership

The Hire Equipment remains our property at all times, including while it is in your possession or control.

Your possession and use of the Hire Equipment under this Agreement does not give you any ownership or other proprietary interest in the Hire Equipment.

9.2 Possession

During the Hire Period, you must keep the Hire Equipment in your possession or control and must not sell, assign, sub-hire, lend, dispose of or otherwise part with possession of the Hire Equipment, except by allowing guests or other persons attending your event to use the Hire Equipment for its intended purpose in accordance with this Agreement.

You must not represent that you own the Hire Equipment or have any right to sell, dispose of or grant any security interest over it.

9.3 Encumbrances

You must not allow any security interest, lien, charge or other encumbrance to arise over the Hire Equipment as a result of any act or omission by you.

If any such security interest, lien, charge or encumbrance arises, you must promptly take reasonable steps to have it removed or discharged. If you do not do so, we may take reasonable steps to have it removed or discharged and you must reimburse us for the reasonable costs we incur, to the extent those costs arise from your act or omission.

10. Early return

We may require you to stop using and promptly return the Hire Equipment before the end of the Hire Period if we reasonably believe that:

• the Hire Equipment is being used in breach of this Agreement;
• the Hire Equipment is being used in a way that creates a material risk of loss or damage;
• the Hire Equipment is being used for an unlawful or dangerous purpose; or
• continued possession or use of the Hire Equipment is reasonably likely to cause injury to a person or damage to property.

If we require early return under this clause, you must follow our reasonable instructions for the return of the Hire Equipment using the return arrangements we provide.

11. Care, loss and damage

11.1 Care of Hire Equipment

While the Hire Equipment is in your possession or control, you must take reasonable care of it and comply with the setup, use, care, storage and return instructions we provide to you.

You must not attempt to repair the Hire Equipment yourself or arrange for any third party to repair it without our prior written consent.

11.2 Loss, theft and damage

You are responsible for loss of, theft of or damage to the Hire Equipment while it is in your possession or control only to the extent caused or contributed to by your breach of this Agreement, negligence, wilful misconduct or misuse, including any such act or omission by a person you allow to possess, handle or use the Hire Equipment.

You are not responsible for fair wear and tear resulting from normal use of the Hire Equipment in accordance with this Agreement.

You must notify us as soon as reasonably practicable if any Hire Equipment is lost, stolen or damaged, or if you become aware of any fault or issue affecting it.

If Hire Equipment is lost, stolen, not returned or damaged beyond repair while you are responsible for it under this Agreement, we may charge you the lesser of the applicable replacement amount and our reasonable cost to replace the item with an item of comparable age, condition and functionality, less any insurance proceeds or salvage value we recover.

If Hire Equipment is damaged but capable of repair, we may charge you the applicable repair amount according to the nature and extent of the damage.

The applicable charges are:

• replacement of the audio guest book: $150;
• repair of the audio guest book: the repair charge specified in your Booking Confirmation, according to the nature and extent of the damage; and
• replacement or repair of any other Hire Equipment or accessory: the amount specified in your Booking Confirmation or otherwise notified to you under this Agreement.

Before requiring payment for repair or replacement, we will notify you of the relevant loss or damage and the amount claimed and, on request, provide reasonable supporting evidence, including photographs and any repair quote, invoice or replacement receipt reasonably available to us.

Any amount payable for loss, theft, damage, repair or replacement may be invoiced and recovered in accordance with the payment provisions of this Agreement.

12. Third party goods and services

We may use third party providers in connection with your booking and the services we provide, including for payment processing, delivery and return of the Hire Equipment and other services required to fulfil your booking.

Where a third party’s terms and conditions apply directly to you in connection with your booking, we will make those terms available to you or otherwise notify you of them where reasonably practicable.

You must comply with any applicable third party terms that have been made available to you and that relate to your use of the relevant third party goods or services.

To the extent permitted by law, we are not responsible for a failure, delay or interruption caused by a third party provider where the matter is outside our reasonable control, except to the extent caused or contributed to by our failure to exercise reasonable care in selecting, instructing or managing that provider.

Nothing in this clause excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

13. Risk, liability and indemnity

13.1 Risk

You are responsible for the Hire Equipment while it is in your possession or control, from the time it is delivered to the delivery address specified by you until it is lodged for return in accordance with this Agreement.

Subject to this Agreement and to the extent permitted by law, you bear the risk of loss of, theft of or damage to the Hire Equipment while it is in your possession or control.

Your responsibility for repair or replacement costs arising from loss, theft or damage to the Hire Equipment is governed by the care, loss and damage provisions of this Agreement.

13.2 Customer responsibility

You are responsible for the use, setup, handling and storage of the Hire Equipment while it is in your possession or control and for ensuring that you and any person you allow to use or handle the Hire Equipment follow the instructions we provide.

You must take reasonable precautions to prevent loss of or damage to the Hire Equipment and injury to any person or damage to property arising from your use of the Hire Equipment.

You are responsible for loss or damage suffered by us to the extent it is caused or contributed to by:

• your breach of this Agreement;
• your negligent, unlawful or wilful act or omission;
• your misuse of the Hire Equipment;
• your failure to follow the instructions we provide; or
• an act or omission of a person you allow to possess, handle or use the Hire Equipment.

13.3 Audio recordings and service issues

You acknowledge that the Hire Equipment is used to record audio messages and that those recordings may have personal or sentimental significance.

You are responsible for reviewing and following the setup, use and troubleshooting instructions we provide and for contacting our customer support service as soon as reasonably practicable if you become aware of any issue with the Hire Equipment.

While we will take reasonable care in providing the Hire Equipment and processing recordings, we do not guarantee that every attempted message will be successfully recorded, retained, recovered or delivered where a failure occurs for reasons outside our reasonable control or because of your or another user’s act or omission.

To the extent permitted by law, if the Hire Equipment or our services fail and some or all recordings cannot be recorded, retrieved, processed or delivered due to a failure for which we are responsible, our liability will be limited, at our option, to:

• re-supplying the affected services; or
• refunding the amount you paid for the affected hire or services.

Nothing in this clause limits any right or remedy available to you under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

13.4 Liability

To the maximum extent permitted by law, our total liability to you arising out of or in connection with a booking, the Hire Equipment, the recordings or this Agreement is limited to the greater of twice the Fees paid or payable by you for the booking giving rise to the claim and $500; however, this limitation does not apply to liability arising from our fraud, wilful misconduct, gross negligence, breach of privacy or confidentiality obligations, or infringement of third-party intellectual property rights.

This limitation does not apply to liability that cannot lawfully be limited or excluded, including any liability or remedy arising under the Australian Consumer Law to the extent that it cannot be limited or excluded.

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other applicable law where doing so would be unlawful.

13.5 Consequential loss

To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special or consequential loss arising out of or in connection with this Agreement.

To the maximum extent permitted by law, neither party is liable for loss of profit, revenue, business opportunity, anticipated savings or goodwill arising out of or in connection with the Hire Equipment, the recordings or the services, except to the extent such loss is direct, reasonably foreseeable and caused by that party’s breach of this Agreement, negligence or wilful misconduct.

This exclusion does not apply to:

• fraud or wilful misconduct;
• personal injury or death;
• loss of or damage to tangible property to the extent caused by the party liable for that loss or damage; or
• liability that cannot lawfully be excluded, restricted or modified.

13.6 Indemnity

To the extent permitted by law, you indemnify us against third-party claims, and reasonable liabilities, damages and external legal costs finally awarded or agreed in settlement in connection with those claims, to the extent caused by:

• your negligent, unlawful or wilful act or omission in connection with the Hire Equipment;
• your misuse of the Hire Equipment;
• your material breach of this Agreement; or
• loss of or damage to third-party property or injury to another person caused by your use of the Hire Equipment.

This indemnity does not apply to the extent that the relevant loss, damage, liability, cost or expense was caused or contributed to by our negligent, unlawful or wilful act or omission.

14. Consumer guarantees and warranties

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

Except for any express warranties set out in this Agreement and any rights or remedies that cannot lawfully be excluded, and to the maximum extent permitted by law, we exclude all other representations, warranties and guarantees in relation to the Hire Equipment and the services we provide.

Where the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to:

• replacing the Hire Equipment or supplying equivalent Hire Equipment;
• repairing the Hire Equipment;
• re-supplying the affected services; or
• paying the reasonable cost of having the Hire Equipment replaced or repaired or the affected services supplied again.

Nothing in this clause limits any refund, replacement, repair, compensation or other remedy to which you are entitled under the Australian Consumer Law where that remedy cannot lawfully be limited.

15. Events outside reasonable control

Neither party is responsible for a delay or failure to perform an obligation under this Agreement to the extent that the delay or failure is caused by an event or circumstance outside that party’s reasonable control.

A party affected by an event or circumstance outside its reasonable control must notify the other party as soon as reasonably practicable and use reasonable efforts to minimise the effect of the event or circumstance.

This clause does not excuse:

• an obligation to pay an amount that became due and payable before the relevant event or circumstance occurred;
• your obligation to take reasonable care of Hire Equipment already in your possession or control; or
• your obligation to return Hire Equipment when reasonably able to do so.

If an event or circumstance outside our reasonable control delays or prevents us from supplying the Hire Equipment in time for the Event Date, we will notify you as soon as reasonably practicable.

If the booking cannot reasonably be fulfilled, we may agree with you to move the booking to another available date, provide suitable replacement Hire Equipment or cancel the affected booking and refund any amount paid for goods or services that have not been provided.

Nothing in this clause excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

For clarity, cancellation or postponement of the Event Date does not, by itself, relieve you from the cancellation, refund or payment provisions of this Agreement, except to the extent required by applicable law.

16. Termination

Any cancellation or change to a booking is governed by the cancellation and refund provisions of this Agreement.

16.1 Termination for breach

Either party may terminate this Agreement by written notice if the other party materially breaches this Agreement and, where the breach is capable of being remedied, fails to remedy the breach within a reasonable period after receiving written notice requiring it to do so.

We may terminate this Agreement immediately by written notice if:

• you use or permit the Hire Equipment to be used for an unlawful or dangerous purpose;
• you intentionally or recklessly damage, alter or interfere with the Hire Equipment;
• you sell, dispose of, sub-hire or otherwise deal with the Hire Equipment in a manner inconsistent with our ownership of it; or
• you fail to return the Hire Equipment after we have become entitled under this Agreement to require its return and you fail to comply with a reasonable written demand for return.

Nothing in this clause limits any cancellation, suspension, early return or other right expressly provided elsewhere in this Agreement, but we must exercise any such right reasonably and only to the extent proportionate to the circumstances giving rise to it.

16.2 Effect of termination

When this Agreement ends:

• you must pay any Fees and other amounts that became properly payable under this Agreement before termination;
• you must promptly return any Hire Equipment still in your possession or control in accordance with our reasonable return instructions; and
• each party retains any rights, remedies, obligations or liabilities that accrued before termination.

Any provision of this Agreement which by its nature is intended to continue after termination continues to apply, including provisions dealing with payment, ownership, return of Hire Equipment, loss and damage, liability, indemnity, recordings, dispute resolution and any other accrued rights or obligations.

Termination does not affect any right or remedy available under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

17. Dispute resolution

If a dispute arises out of or in connection with this Agreement, either party may give the other written notice describing the dispute and the outcome sought.

After a dispute notice is given, each party must use reasonable efforts and act in good faith to try to resolve the dispute.

If the dispute has not been resolved within 14 days after the dispute notice is given, either party may commence legal proceedings or pursue any other remedy available to it.

Nothing in this clause prevents either party from:

• seeking urgent interlocutory or injunctive relief;
• taking reasonable steps to recover an undisputed amount that is due and payable; or
• exercising any right or remedy available under the Australian Consumer Law or any other applicable law.

18. Notices

A notice or other communication under this Agreement must be in writing and sent by email to:

• in our case, the contact email address published on our website or otherwise notified by us to you; and
• in your case, the email address you provide when making your booking or any replacement email address you notify to us.

A party may update its email address for notices by notifying the other party in writing.

Unless the sender knows or reasonably suspects that an email was not successfully delivered, a notice sent by email will be taken to have been received:

• 24 hours after the email was sent, unless that time falls on a Saturday, Sunday or public holiday in the place whose laws govern this Agreement, in which case it will be taken to have been received on the next Business Day; or
• when the recipient replies to the email,

whichever occurs first.

19. General

19.1 Governing law and jurisdiction

This Agreement is governed by the laws of Victoria, Australia.

Each party submits to the jurisdiction of the courts of Victoria, Australia and any courts entitled to hear appeals from those courts in relation to any proceedings arising out of or in connection with this Agreement.

19.2 Amendments

Any amendment to a confirmed booking or this Agreement must be agreed between you and us in writing.

19.3 Waiver

A failure or delay by a party to exercise a right under this Agreement does not operate as a waiver of that right.

A waiver of a right under this Agreement is only effective if it is given in writing by the party granting the waiver.

19.4 Severance

If any provision of this Agreement is wholly or partly void, invalid or unenforceable, that provision will be read down to the extent necessary to make it valid or enforceable or, if that is not possible, severed to the extent that it is void, invalid or unenforceable.

The validity and enforceability of the remaining provisions of this Agreement are not affected.

19.5 Joint and several liability

If two or more persons make a booking together as the Customer, each of those persons is jointly and severally responsible for the Customer’s obligations under this Agreement.

19.6 Assignment

Neither party may assign, novate or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the other party.

19.7 Costs

Except where this Agreement expressly provides otherwise, each party is responsible for its own costs incurred in connection with entering into and performing this Agreement.

19.8 Entire agreement

This Agreement contains the entire agreement between you and us in relation to the relevant booking and supersedes any prior discussions, negotiations, representations, arrangements or understandings relating to that booking, except to the extent expressly incorporated into this Agreement.

Nothing in this clause excludes or limits any right or remedy that cannot lawfully be excluded or limited.

19.9 Interpretation

Unless the context requires otherwise:

• words in the singular include the plural and vice versa;
• words indicating a gender include every gender;
• if a word or phrase is defined, other grammatical forms of that word or phrase have corresponding meanings;
• a reference to a person includes an individual, corporation, partnership, trust, association, authority or other legal entity;
• a reference to a party includes that party’s successors and permitted assigns;
• a reference to this Agreement includes the Booking Confirmation, these Online Hire Terms and any special conditions forming part of the Agreement;
• a reference to a document includes that document as amended or replaced from time to time;
• headings are for convenience only and do not affect interpretation;
• including and similar expressions are not words of limitation; and
• a reference to $, dollars or an amount of money is a reference to Australian dollars unless otherwise stated.

20. Definitions

In addition to capitalised terms defined elsewhere in this Agreement, the following terms have the meanings set out below.

Agreement means the agreement between you and us for the relevant booking, comprising the Booking Confirmation, these Online Hire Terms and any special conditions expressly agreed between you and us in writing.

Australian Consumer Law means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Booking Confirmation means the written confirmation issued by us confirming that we can fulfil your booking and setting out the relevant booking details.

Business Day means a day other than a Saturday, Sunday or public holiday in Victoria.

Customer or you means the person who makes the booking with us and enters into this Agreement.

Event Date means the event date specified in the Booking Confirmation.

Fees means the fees specified in the Booking Confirmation and any other amounts properly payable by you under this Agreement.

Hire Equipment means the audio guest book and any accompanying accessories, packaging materials or other items supplied by us to you as part of your booking.

Hire Period means the period for which the Hire Equipment is booked by you, as specified in the Booking Confirmation.

Online Hire Terms means these online hire terms as amended in accordance with this Agreement.

Privacy Policy means our privacy policy published on the Website as at the date of the Booking Confirmation, as subsequently updated only to the extent required by law or where the update does not materially reduce the protections applicable to personal information or audio recordings collected in connection with that booking.

The Party Line, we, us or our means B SCIACCHITANO & E ZAPPULLA trading as ZAPPITANO INDUSTRIES ABN 12 313 550 512.

Website means the website operated for The Party Line at www.thepartyline.com.au.