Terms and Conditions

** Please read the following terms and conditions carefully. It is a condition of CREATIVE PLAYING that the Buyer/Hirer accepts the below terms and conditions which constitute the whole of the Contract with the Hirer.

1. DEFINITION.

   ‘THE BUSINESS” means RE & M van Dongen trading as Creative Playing, (ABN 808 739 288 03) their employees, sub contractor’s or agents. “THE HIRER” means the company or agent of The Hirer. The person who books the Toy(s) warrants that they are either the Hirer or have the authority of the Hirer to book the Toy(s). “TOY(S)” means goods hired as they appear on the booking agreement. “THE AGREEMENT” means the Booking Form/Hire Agreement between the Business and the Hirer of the toy(s).

2. DEFINITIONS.
   1. “Balance Due” means the total cost of the Toy(s) hired, as per Hire Agreement, less the Deposit paid by the Hirer.
   2. “Bank Account” means the following bank account:
      Account Name: Creative Playing
      BSB: 633-000
      Account Number: 157 380 585
   3. “Cancellation” means the cancellation by the Hirer.
   4. “Deposit” means any payment stated on the Hire Agreement that is paid by the Hirer as a deposit prior to delivery.
   5. “Direct Deposit” means the electronic payment by the Hirer to the Owner’s Bank Account as per 2.2
   6. “Toy(s)” means collectively all goods listed on the Hire Agreement and separately each items..
   7. “Hire Period” means the period for which the (Toy)s are hired by the Hirer being from the time the Toy(s) is delivered by the Owner to the Hirer, or picked up by the Hirer from the Owner, until the time the Toy(s) is returned to the Owner.
   8. “Hirer” means the person or company listed on the Hire Agreement, jointly and severely if more than one, who are hiring the goods from Creative Playing.
   9. “The Owner” means Creative Playing (ABN 808 739 288 03), its employees and agents.
   10. “Hire Rates” means the current rates listed on the Owners website.
   11. “Site” means the venue at which the hired Toy(s) is to be used by the Hirer.
   12. “Agreement” means that The Hirer, by placing an order via email, telephone, in store or other means, agrees that they accept the conditions of the hiring agreement. The Business will retain a booking form/hire agreement for the hire of the goods, which the Hirer, or agent of the Hirer, will be supplied a copy of upon request. If the agreement is not signed by the Hirer this does NOT forfeit the agreement.
   13. “Bond” means the money paid or ageed valid credit card details for the toy(s) hire.
3. BASIS OF CONTRACT
   The Hirer is deemed to have accepted these terms and conditions upon payment of a Deposit for the hiring of any Toy(s) from the Owner, and further, the Hirer is deemed to have agreed that these terms and conditions shall be the only terms and conditions on which the Owner will provide the toy(s) to the Hirer.
   1. The hirer must pay a 25% deposit within 7 days to secure the booking for the hire of the toy(s), with the balance required prior to or upon pickup/delivery of the equipment and/or toy(s) via cash, credit or direct deposit. Memberships will be excempt of this.
      1. Hiring Charges. Unless prior arrangements are made hiring charges are for up to a 4 week period for members or as per arrangement. The hiring charges are for the agreed period as per the Agreement. If the equipment is unavailable for pick up or return, the Business reserves the right to charge the Hirer for extra time as per the 24 hour rate. The Hirer must pay for the hire of the Toy(s) in full prior to or upon delivery of the resources via direct deposit, PayPal or cash.
      2. Postponement. If the Hirer chooses to postpone the hire of the Toy(s), cancellation charges will apply. See below.
      3. Payment. Orders or bookings are confirmed only after a 25% non refundable deposit, or the agreed upon deposit amount, has been received. Unless prior arrangement has been made, final payment is due prior to the delivery/pick up date. The Business reserves the right to withhold delivery if full payment has not been received prior to delivery. An extra delivery charge may apply if the Business needs to reschedule the delivery or return to the premises once delivery has taken place. Payment options include Cash, Direct Deposit (7 days prior to Delivery date), Visa or MasterCard.
      4. Payment Terms.
         1. The Hirer will pay a deposit of 25% of invoice value via Direct Deposit to secure the booking within two (2) days of receiving this hire agreement.
         2. For bookings where the Balance Due as stated on page one of this Hire Agreement is less than $100 payment is due in full with in two (2) days of receiving this hire agreement.
         3. The Hirer will pay the remaining balance due stated on page one of the Hire Agreement by Direct Deposit into the Owner’s Bank Account at least seven (7) days prior to the commencement of the Hire Period.
         4. The Hirer must pay a bond in the amount of 100 dollars to the Owner upon delivery, or collection by the Hirer, of the Toy(s). The Owner will return the 100 dollars bond in full to the Hirer conditional upon the Toy(s) being available for collection, or being returned, in the condition stated on page of this Hire Agreement at the expiration of the Hire Period. The Owner reserves their absolute right to retain the 100 dollars bond if the Hirer breaches any of these terms and conditions.
   2. Bond / Security. All Hirers, unless prior arrangements are made, are required to offer a valid credit card as security and to reserve hire toy(s) exclusively. The Hirer authorises the Business to action any charges on that credit card given as security, in accordance with the Business’s policies. The Hirer also authorises the Business to action charges on that credit card given as security in relation to missing, damaged or dirty items.
   3. Cancellation. terms apply once a booking has been confirmed by a deposit.  If the booking is cancelled within 7 days of the pickup or delivery date, then the deposit will be forfeited.  Cancellations outside of 7 days will be issued a full refund or a credit for the amount of the deposit which can be used to re-book within 6 months of the initial booking date.
   4. the Business reserves the right to amend the price of the hire of the toy(s) at any time without notice to the hirer. 
4. THE TOYS
   The Toy(s) will at all times remain the exclusive property of the Owner. The Hirer has no legal or equitable interest in the Toy(s).
   1. The Hirer shall not sell or offer for sale, assign, mortgage pledge, underlet, lend or otherwise part with possession of the item/s or any part of the item/s without obtaining prior written consent from the Owner.. The Hirer will protect the resources against distress, execution or seizure and indemnify the owner against all losses.
   2. The Hirer will be held responsible for any damaged or missing Toy(s) /pieces at the Site and for the duration of the Hire Period.
   3. A pre-arranged date will be agreed between the Hirer and creative playing for the pickup/delivery and return/collection of the hired toy(s). Delivery/Pickup charges are quoted upon request and are an extra charge on top of the hiring fee. The Hirer undertakes to carefully inspect the resources when they are delivered and if there is any damage, loss or shortage to give immediate notice to the Owner at the time of delivery.
   4. The Hirer is responsible for being present to accept delivery of the toy(s). The Hirer is responsible for any loss or damage incurred if He / She arranges toy(s) to be delivered without being present or without an authorised agent present i.e. The Hirer is responsible for losses or damage resulting from toy(s) being delivered to an unattended premises or location as requested by the Hirer.
   5. The Owner reserves the right to charge a late fee if the Hirer fails to make the toy(s) available for pick up at the pre-arranged date and time without reasonable notice to the Owner. The late fee shall be equivalent to one (1) week hire of the respective toy(s).
5. RESPONSIBLITIES OF THE HIRER
   1. It is the responsibility of the Hirer to ensure that the Toy(s) hired is suitable for the age and skills of the children who will be using the Toy(s) at the Site, or who will be in contact with the Toy(s) at any other time during the Hire Period, and that the Toy(s) is used in accordance with any instructions provided by the Owner.
   2. The Hirer acknowledges that it is their absolute responsibility to ensure that any children using the Toy(s) at the Site, or at any other time during the Hire Period, are being supervised by a competent adult at all times.
   3. The Hirer acknowledges that is their responsibility to ensure that the Site is safe and indemnifies the Owner against any liability to any third party who suffers injury, loss or damage where that injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure of the Hirer to ensure the Site is safe. We demand it is hard surfure.
   4. The Hirer accepts responsibility to return the items in the same state as when delivered.
   5. Insurance is the Hirer’s responsibility during the hire period. The Hirer is responsible for the security of the equipment at all times during the Hire period. Any lost, broken, damaged or destroyed equipment will be charged to the Hirer at full replacement value.
   6. The Hirer acknowledges that this Hire agreement is subject to all known defects in the toy(s) as disclosed to the Hirer on the quote and/or the invoice and/or advertising by the Owner in writing. 
   7. Throughout the Hire Period the Hirer agrees to:
      At all times exercise absolute care and diligence in any use of the Toy(s) in accordance with the Toy(s) instructions as issued by the Owner or in accordance with the manufacturer’s specifications; Use of Toy(s) The Hirer agrees to only use the toy(s) for their intended use and only in accordance with the instructions provided.
      Any persons/organisations hiring from creative playing are responsible and liable for any damage or injuries occurring from or as a result of misuse or reckless use.
      Persons using (creative playing) toys do so at their own risk.
      1. Be responsible for all accidental damage to the Toy(s) throughout the Hire Period;
      2. Be responsible for all damage or loss to the Toy(s) caused by theft, malicious damage, or any other unlawful act that occurs throughout the Hire Period; The toy(s) hired is not covered by insurance for fire, theft, burglary or accidental damage, and as such the responsibility for loss or damage of the toy lies with you, the Hirer.  If hired equipment is damaged, destroyed or confiscated due to irresponsible behavior or otherwise, the Hirer will be liable for the cost of replacement as well as costs associated with the loss of income due to the unavailability of the toy(s). the Owner is not responsible for any inconvenience, damage or injury sustained when using toys hired from us.
      3. In the event of theft of the toy(s), creative playing is under no obligation to provide replacement toy(s). 
      4. Should any hired resources be stolen, destroyed or irreparably damaged from any cause whatsoever, excepting the negligence of creative playing, the Hirer shall pay immediately on demand, the replacement value as nominated by the owner. If individual parts are lost, cost of part or whole product will be charged.
      5. Not permit any person, including a child, to improperly or unsafely use the Toy(s) throughout the Hire Period.
      6. We will advise you of how much replacement costs are and you will need to pay for it at the time of replacement. Signing this page will give the owner permission to deduct any outstanding funds owing for hire, replacement of item or items damaged, missing, taken, stolen, withheld, cleaning, or not returned in the same condition as hired out.
      7. A Cleaning charge will be applied to all toys returned in an unacceptable condition which requires extra cleaning. Any sticky residue on toy due to tape, food spillage, etc. is classed as extra cleaning.
      8. In the event of damage to the toy(s) and the Hirer elects to leave the toy(s) “in situ” and not return the toy(s) to the place of hire where the Hirer could have reasonably done so then the Hirer will pay the Owner the RRP of the toy, retrieval and return of the toy(s).
6. DISPUTE RESOLUTION
   1. The parties agree not to commence proceedings in relation to any dispute arising in regard to the Agreement without first having regard to the procedure set out in this
   2. clause 6.2b.
   3. Should any dispute or difference arise between the Hirer and the Owner in connection with this Hire Agreement, then:
      1. The party that alleges they have suffered some loss or damage, or is otherwise aggrieved, shall serve the other party, by hand or by mail, with a Notice of Dispute in writing adequately identifying and providing details of the dispute.
      2. Within 7 days of receipt of the Notice of Dispute, the parties must meet and take reasonable steps to resolve the dispute.
      3. If the dispute cannot be resolved within 14 days of the meeting between the parties, then the parties agree to submit the dispute to arbitration.
   4. Arbitration shall be effected by a single arbitrator who shall be mutually agreed upon by the parties or, in the event that they fail to agree within 7 days, then the arbitrator shall be the President for the time being of the WA Chapter of the Institute of Arbitrators and Mediators Australia (“IAMA”) or his appointee.
   5. The parties agree to submit to the arbitration procedures and guidelines adopted by the IAMA.
   6. The rules of evidence will not apply strictly to the arbitration, but may be considered by the arbitrator in determining the weight to be attached to each item of evidence.
   7. If the dispute is not resolved within 90 days of service of the Notice of Dispute (or any longer period as agreed to by the parties), either party who has complied with this clause may end this dispute resolution process by written notice to the other party and immediately thereafter commence court proceedings in relation to the dispute.
7. MISCELLANEOUS
   1. Failure by the Owner to enforce any of their rights under the terms of this Hire Agreement shall not be construed as a waiver of any of the Owners rights.
   2. If any term or condition under this Hire Agreement is unenforceable it is to be read down so as to be enforceable, or if it cannot be read down then the unenforceable term shall be severed from this Hire Agreement without affecting the enforceability of any other clause.
   3. The Hirer shall be bound by these Terms & Conditions regardless of whether they were signed by the Hirer themselves or their agents, employees, representatives or contractors.
8. Liability to Third Parties.
   1. The Business will not be liable for any claim for personal injury, death, loss or damage to the property however caused unless it is proved that such injury was caused by faulty material, workmanship or negligence on the part of the Business.
      1. The Hirer hereby indemnifies creative playing against all costs, disbursements and expenses including, but not limited to, legal costs relating directly or indirectly to the payment of the hire of the toy(s) including the costs of lodging a caveat or similar security and all incidental solicitor’s costs on an indemnity basis. 
      2. The Businesses decision is final in all matters relating to these Terms & Conditions of Hire.
      3. Any variations to these Terms and Conditions of Hire/Membership must be in writing and signed by Owner and the Hirer. 
      4. These Terms of Hire embody the entire agreement between creative playing and the Hirer. 
      5. creative playing respects the Hirer privacy and complies with the Privacy act 1988. Creative playing may gather and process information which the Hirer provides, such as the Hirer name, address, email address and other personal information and creative playing may use the information acquired to offer the Hirer goods and services.
      6. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions of these Terms of Hire. 
   2. If the Hirer is a ‘consumer’ of goods or services within the meaning of that term in the Fair Trading Act 2010 (WA) or similar legislation, then the Hirer will have the benefit of certain non-excludable rights and remedies in respect of the toy(s) and nothing in these terms of hire excludes, restricts or modifies any condition, warranty, right or remedy which is conferred pursuant to the Fair Trading Act or similar legislation. 
   3. The Hirer acknowledges that they bear all risk in the toy(s) for the full duration of the Hire Period.
   4. To the full extent permitted by law the Hirer hereby releases the Owner from any liability for any loss or damage suffered, or for any injury sustained, by the Hirer or any of its employees or agents for the full duration of the Hire Period.
   5. The Hirer agrees to indemnify the Owner from any liability resulting from improper use of any Toy(s) or failure to comply with any prescribed instructions.
   6. The Hirer agrees to release, and agrees to indemnify, the Owner in respect of any third party claims arising from damage or injury caused either directly or indirectly to a person or to property out of the hire or use of the toys during the Hire Period
      1. Subject to clause 8 above, creative playing shall not be liable for any expenditure, damage, loss or inconvenience incurred by the hirer arising out of the toy(s) whether caused by fair wear and tear or any other reason whatsoever. Under no circumstances will creative playing be held liable for any injury caused by or arising from the toy(s) supplied. 
      2. Subject to clause 8 above, creative playing shall not be liable and the Hirer hereby releases creative playing from any loss or damage howsoever arising whether arising under statute, from negligence, personal injury, death, property damage, infringement of third party rights, or any indirect, special or consequential damages or injury to any person, corporation or other entity. 

ACKNOWLEDGMENT OF TERMS & CONDITIONS ON BOOKING

The Hirer hereby acknowledges receipt of these Terms &; Conditions, having read and agreed to be bound by them. We further acknowledge that we have had the opportunity of obtaining independent legal advice and that we understand the Terms & Conditions outlined above.