Website Terms

Alongside these terms, the following policies apply to your use of this website:

• Privacy Policy
• Cookies Policy

1. Introduction

These terms and conditions (Terms) apply when you access or use our website at www.thepartyline.com.au (Website).

The Website is operated by 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).

By accessing or using the Website, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Website.

These Terms govern your use of the Website. Any booking or hire of an audio guest book through the Website is also subject to our Online Hire Terms, which form a separate agreement between you and us in relation to that booking.

We may update these Terms from time to time by publishing an updated version on the Website, but any material change will apply only prospectively and, where reasonably practicable, after reasonable notice to you. Subject to the preceding sentence, the updated Terms will apply to your use of the Website from the date specified in the update and will not alter the terms of any booking confirmed before that date.

2. Access and use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms and any applicable laws.

You are responsible for ensuring that any information you provide through the Website is accurate, complete and current.

You must not use the Website in a way that interferes with its operation, security or availability or prevents or restricts another person from using the Website.

3. Customer accounts

You may be required to create an account to access certain features of the Website, manage a booking or use our customer portal.

When creating or using an account, you must provide information that is accurate, complete and current and update that information if it changes.

You are responsible for keeping your account login details confidential and for taking reasonable steps to prevent unauthorised access to your account.

You must not:

• allow another person to use your account in a way that breaches these Terms;
• access or attempt to access another person’s account without authority; or
• create an account using false or misleading information or impersonate another person.

You must notify us as soon as reasonably practicable if you become aware of or reasonably suspect any unauthorised access to or use of your account.

Your use of an account or customer portal in connection with a booking is also subject to any terms that apply to that booking, including our Online Hire Terms.

4. Your obligations

You must not:

• copy, reproduce, adapt, modify, distribute, sell or otherwise use any part of the Website or Website Content except as permitted by these Terms or with our prior written consent;
• use the Website for any unlawful or fraudulent purpose or in a way that facilitates unlawful or fraudulent activity;
• use the Website in a way that interferes with, disrupts or places an unreasonable burden on the Website or the systems or networks used to operate it;
• attempt to gain unauthorised access to any part of the Website, user account, system or data;
• introduce any virus, malicious code or other harmful material to the Website;
• scan, probe or test the Website for vulnerabilities without our prior written consent; or
• use the Website in any way that infringes the rights of another person.

5. Information on the Website

We take reasonable steps to keep information on the Website accurate and current, but the Website and its content may from time to time contain errors, omissions or outdated information.

The Website may also be unavailable or experience interruptions, delays or technical issues from time to time.

Information about our Hire Equipment, availability, pricing, services and other offerings displayed on the Website is subject to change.

A booking is not confirmed merely because Hire Equipment appears to be available on the Website or because you submit a booking request. Bookings are subject to confirmation in accordance with our Online Hire Terms.

We may update, modify or remove Website Content or functionality from time to time, provided that doing so does not materially impair any confirmed booking or other service for which you have paid.

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

6. Intellectual property

We own or license the Website and all materials made available on or through the Website, including text, graphics, logos, branding, designs, icons, images, audio, video, pricing information, downloads and software (Website Content).

Some media assets on the Website have been generated using artificial intelligence; however, product images are supplied by the relevant supplier and accurately reflect the product, while AI-generated images used throughout the Website are provided solely to demonstrate potential product uses and should not be relied on for actual product details or purchasing decisions, for which you should rely on the supplier-provided product images and applicable product descriptions.

All intellectual property rights in the Website and Website Content are reserved except to the extent expressly granted under these Terms.

You may access and view the Website and make temporary electronic copies of Website Content for the purpose of accessing and using the Website and our services in accordance with these Terms.

You must not reproduce, modify, adapt, publish, distribute, transmit, sell or otherwise exploit any Website Content without our prior written consent, except for personal, non-commercial use in connection with our services or as otherwise permitted by law.

7. Links to other websites

The Website may contain links to websites or services operated by third parties.

We do not control those third-party websites or services and are not responsible for their content, availability, security or practices, except to the extent that liability cannot lawfully be excluded or arises from our own negligence, fraud or wilful misconduct.

The inclusion of a link to a third party website or service does not imply that we endorse or approve that website, service or its operator.

You access and use third-party websites and services subject to their applicable terms and policies and should exercise reasonable care when doing so.

8. Security

We take reasonable steps to maintain the security and integrity of the Website, but we do not guarantee that the Website will always be secure, uninterrupted or free from viruses, malicious code or other harmful components.

You are responsible for taking reasonable precautions when accessing or using the Website, including maintaining appropriate security protections on your own devices and systems.

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

9. Suspension or restriction of access

We may temporarily restrict or suspend your access to the Website or your account where reasonably necessary to:

• protect the security, integrity or operation of the Website;
• investigate suspected unlawful, fraudulent or unauthorised activity;
• address a material breach of these Terms;
• comply with applicable law or a lawful request from a government or regulatory authority; or
• perform reasonably necessary maintenance or technical work.

Where reasonably practicable, we will notify you of a restriction or suspension and restore access when the reason for the restriction or suspension no longer applies.

Any restriction or suspension of access to the Website does not, by itself, cancel a confirmed booking or affect the rights and obligations applying to that booking under our Online Hire Terms.

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

10. Reporting misuse

If you become aware of any misuse of the Website, any error in Website Content or any difficulty accessing or using the Website, please contact us using the contact details or contact form available on the Website.

11. Privacy

We handle personal information in accordance with our Privacy Policy, which is available on the Website.

Our use of cookies and similar technologies is also described in our Cookies Policy, which is available on the Website.

12. Liability

To the maximum extent permitted by law, we are not liable for loss or damage arising from your use of, or inability to use, the Website to the extent that the loss or damage is caused by your breach of these Terms, your unlawful or improper use of the Website, a third party website, service or content, or an interruption, error, defect or delay outside our reasonable control.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss arising solely from your use of the Website. This exclusion does not apply to the extent that the relevant loss was caused by our fraud, wilful misconduct or failure to exercise reasonable care.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Any liability arising in connection with a booking or the hire of Hire Equipment is governed by the applicable Online Hire Terms.

13. General

13.1 Governing law and jurisdiction

These Terms are governed by the laws of the Australian State or Territory in which our principal place of business is located.

You and we submit to the non-exclusive jurisdiction of the courts of the Australian State or Territory in which our principal place of business is located, and any courts entitled to hear appeals from those courts, in relation to any dispute arising out of or in connection with these Terms or your use of the Website.

13.2 Waiver

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

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

13.3 Severance

If any provision of these Terms 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 these Terms are not affected.

13.4 Assignment

You may not assign, novate or otherwise transfer your rights or obligations under these Terms without our prior written consent, which we will not unreasonably withhold or delay.

We may assign or transfer our rights or obligations under these Terms as part of a sale, transfer or restructuring of our business, provided that the recipient assumes our transferred obligations, we give you reasonable notice and the transfer does not materially reduce your rights under these Terms.

13.5 Entire agreement

These Terms constitute the entire agreement between you and us in relation to your access to and use of the Website.

These Terms do not replace or override any separate agreement that applies to a booking, hire or other goods or services you obtain from us, including our Online Hire Terms.

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

13.6 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 a document includes that document as amended or replaced from time to time, provided that an amendment or replacement does not retroactively reduce a party’s accrued rights or increase its accrued obligations without its consent;
• 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.

14. Contact us

If you have any questions about these Terms, the Website or your use of the Website, please contact us using the contact details or contact form available on the Website.