Terms and Conditions

1. Introduction

a. Welcome to and thank you for visiting www.tubflix.com.au which is owned and operated by Mazviita Foto trading as “Tubflix” (hereafter “Tubflix”, “we” or “us”). Using the Website, you can browse and purchase items listed for sale on the Website from Tubflicks.

b. Unless we expressly state otherwise in writing, any purchase that you make using the Website and your use of the Website is subject to these terms and conditions.

c. You will be deemed to have accepted these terms if you do any of the following things:

i. Purchase any item on the Website; or

ii. Click “Accept Terms”; or

iii. Remain on the Website.

d. These terms and conditions are governed by the laws of the State of Queensland and the Commonwealth of Australia. Any dispute arising under these terms may only be litigated in the courts of that state.

e. Tubflicks reserves the right to change these terms at any time without notice. As such, even if you have read our terms in the past, you must carefully re-read the terms prior to completing a purchase as the terms may have changed. You should also review our terms when using the Website as the terms may have changed.

 

2. Purchase of Hire Package

a. Tubflix’ business involves the sale of leisure packages which include but are not limited to:

i. The hire, delivery and collection of hot tubs, films and projectors;

ii. The sale of food; and

iii. The sale of beverages including alcoholic beverages.

b. Unless otherwise expressly stated, all purchases on the Website are final. Tubflix is not required to agree to any cancellation or refund, but may do so on a case by case basis and at its sole discretion.

c. You are responsible for providing correct details in relation to the time for which you wish to hire any product, your personal details and payment. Tubflix reserves the right to charge you for any order in relation to which incorrect details are entered, and to pursue any failed or rejected payment through all means permissible at law.

d. If you purchase alcoholic beverages from Tubflix, you warrant that you are at least 18 years of age and that you will not permit any person below the age of 18 to drink alcoholic beverages. If you are below the age of 18 or Tubflix reasonably believes that you intend to allow persons under 18 to consume alcoholic beverages, it may

refuse to provide the beverages but charge you for them.

e. From time to time, an item or items listed on the Website may be temporarily unavailable or unable to be delivered. If this occurs, Tubflicks will endeavour to inform you promptly and will refund any amount paid. You will have no further claim against Tubflicks whatsoever.

3. Purchase and Storage of Personal Information

By using the Website and/or placing any order on the Website you note, warrant and agree that:

a. the manner in which Tubflix collects, stores and uses your personal information is governed by our Privacy Policy available at [insert address]. By accepting these terms, you are deemed to also accept Tubflix’ Privacy Policy.

b. all personal information you provide is accurate, correct and up to date.

c. While Tubflix will endeavour to protect any personal information you provide, you will not hold it liable for any breach of security resulting in such information being disclosed or used by any other party.

4. Accuracy of the package description

a. Tubflix will endeavour to ensure that every item it sells or includes in a package is accurately described on its Website. Notwithstanding this, from time to time product availability may require small changes to the items delivered as part of a package, specifically in relation to individual ingredients in (or a particular brand of food or drink) in a food and drink package. You will have no claim for a refund unless the change substantially alters the nature of what is received.

5. Damage to hire items

a. You acknowledge that you are responsible for any items that you hire from Tubflix and will be liable for damage caused.

b. Pursuant to clause 5(a), on delivery of any hire item, it is your responsibility to check that the item is undamaged and in good working order, and to notify Tubflix immediately if this is not the case. If you fail to do so, you will be deemed to have caused any damage to the item.

c. Tubflix may require the provision of a deposit or a credit card number for security in case of damage to hire items.

6. Late delivery

a. You will not be entitled to any refund or compensation because of late delivery of a Tubflix package unless the package is delivered more than [list time eg: 2 hours] late, in which case you are entitled to a refund of the cost of the package and no

further compensation. For the avoidance of doubt, you are only entitled to this refund if you choose not to accept the package.

7. Dietary Requirements

a. In the event that you have any allergy or dietary requirement and purchase food or beverage/s from Tubflix you acknowledge that:

i. Tubflix offers no warranty that the food or drink is free from any substance to which you are allergic; and

ii. Tubflix will not incur any liability as a result of an allergic reaction that you suffer after consuming food or beverages supplied by Tubflicks.

8. General Liability

a. You acknowledge that there is an inherent risk in operating electrical equipment such as projectors. You should not allow any electrical equipment to become wet or mishandle any such equipment. You expressly release Tubflix from any liability as a result of any injury suffered while using a projector, movie screen, or electrical equipment supplied by Tubflix;

b. You acknowledge that there are inherent risks in the use of a hot tub including drowning, suffering from burns, and slipping while in, entering, or exiting the hot tub. You expressly release Tubflix from any and all liability as a result of any damage that you suffer in any of the above manners or as a result of your use of the hot tub.

c. You will not be entitled to any refund or discount because you do not enjoy a film that you select.

d. Except where your property is directly damaged by an item caused by Tubflix (and you have not contributed to the damage) you will have no claim against Tubflix for any damage that it or its products cause to your property.

9. Copyright

a. The Website, and products offered for sale on the Website are subject to Australian and international copyright and intellectual property law. You may not copy or reproduce any such material (or part thereof) without Tubflix’ express written permission. You agree to indemnify Tubflix against any damage it suffers as a result of your breach of this term.

10. Release and Indemnity

a. Except where it is expressly stated otherwise, you will have no claim against Tubflix as a result of your use of the Website or purchase of any item on the Website.

b. Except where it is expressly stated otherwise, you agree to indemnify Tubflix against any damage it suffers as a result of your use of the Website or your purchase of any item on the Website.

c. You acknowledge that Tubflix may collect your personal and payment information. While Tubflix endeavor to keep this information secure, you expressly release it from any liability for failing to do so.

11. Dispute Resolution

a. If a dispute arises between you and Tubflix, you agree:

i. To negotiate with Tubflix in good faith for a period of at least 30 days;

ii. Only after such negotiation, to submit to arbitration by an arbitrator appointed by the President of the Law Society of Qld, with the costs to be split evenly.

12. Severance of unenforceable term

a. If any part of this document is deemed illegal it will be severed but only to the minimum extent required by law.