Please take the time to read these terms and conditions.  By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

If you are hiring or purchasing products through our Website, there are additional terms and conditions relating to hireage, purchase, returns/refunds of the products and services. These are catergorised as followed and full details are provided in adjacent tabs provided -

  • Hire Terms of Services
  • Cinema Returns/Refunds
  • AV Store Returns/Refunds

The terms and conditions set out in the above catergories are also part of these terms and conditions.

Definitions

Services means [the purchase of product and services ]

the Website means the website [http://portablecinemas.com.au]

We / Us etc means [Portable Cinemas] and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

[info@portablecinemas.com.au]

Trademarks

The trademarks and logos contained on this Website are trademarks of our licences suppliers.  Use of these trademarks is strictly prohibited except without express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of [Queensland], Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in [Queensland].

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

This Equipment Rental Agreement (“Agreement”) and is made between Portable Cinemas, a Proprietary Limited Company organised under the laws of Queensland, Australia with offices at 2302/2214 Gold Coast Highway(“Owner”), and  (“Renter”).(person who has submitted their legal details and has requested the use of portable cinemas products and services)

Owner and Renter are hereinafter collectively referred to as “Parties”.

Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:

  1. Term.  This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner as per the requested and finalised booking details.

  2. Payment.  Renter shall pay the total amount in full before the use of service,
    Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
    a) charges for optional services, if any;
    b) applicable taxes;
    c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including  administrative fees for processing the claim and legal expenses;
    d) a $50.00 charge per package for late return of the Equipment or the highest amount allowable under law;
    e) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
    f) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
    i) all costs incurred to collect unpaid monies due; and
    k) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.

  3. Reserve Deposit. Renter may pay a deposit of 20% if booking is to be reserved in advanced. Payment in full will be required 1 week in advance of booked date.

  4. Location of Equipment. During the Term, Equipment shall be located at the stipulate address only unless expressly agreed otherwise in writing by Owner.

  5. Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals.

  6. Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labor, material, parts and other items.  Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent. 

  7. Insurance. Renter must carry insurance satisfactory to Owner equal to the value of the Equipment to ensure its full replacement, unless agreed otherwise in by Owner.  Insurance clause exempt: 

  8. Restrictions on Use.  Renter shall not:
    a) permit the Equipment to be used by any person who is not authorised to use such Equipment;
    b) operate or use the Equipment or permit it to be operated or used in violation of law;
    c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
    d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.

  9. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.

  10. Condition of Equipment. The Condition of Equipment Checklist (“Checklist”) attached is hereby incorporate by reference.  Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist.  OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

  11. Return of Equipment. Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the agreed return location.  If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment.

  12. Termination. This Agreement shall terminate on the date specified in Section 1.  Owner reserves the right to terminate this Agreement earlier upon notice to Renter.

  13. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct.  The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination.  IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

  14. Ownership. Owner shall at all times retain ownership and title to the Equipment.  Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure.   Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action.  Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.

  15. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.

  16. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.

  17. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.

  18. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.

  19. Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

  20. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document

Cinema Returns/Refunds

For all cinema packaged systems only. Does not apply to AV store products.

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

Returns

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase.

There are certain situations where only partial refunds are granted:

* CD, DVD, software, video game that has been opened.

* Any item not in its original condition,  damaged or with missing parts for reasons not due to our error.

* Any item that is returned more than 30 days after delivery

 

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

 

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at info@portablecinemas.com.au.

 

Sale items

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

 

Exchanges

We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email to info@portablecinemas.com.au

Your item will need to be sent to: Unit 1002/2214 Gold Coast Highway, Mermaid Waters, 4218, QLD, Australia.

 

Shipping

To return your product, you should mail your product to: Unit 8, 52 Corporate Boulevard, Bayswater, VIC, 3153, Australia.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

 

AV Store Returns/Refunds

For all AV store products only. Does not apply to cinema packaged systems.

 

Returns

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Additional non-returnable items:
* Gift cards
* Downloadable software products
* Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

There are certain situations where only partial refunds are granted: (if applicable)

* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 30 days after delivery

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or Missing Refunds

If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at gene@portablecinemas.com.au.

Exchange

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@portablecinemas.com.au to await return instructions as in most cases your item may need to be sent directly back to the manufacturer. Otherwise your item can be sent to our physical office: 2301/2214 Gold Coast Highway, Gold Coast, QLD, 4218, Australia.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping

To return your product, you should mail your product to: 2301/2214 Gold Coast Highway, Gold Coast, QLD, 4218, Australia.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

What information do we collect?

We collect information from you when you fill out a form.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

To personalise your experience
(your information helps us to better respond to your individual needs)

To send periodic emails

The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information

We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Contacting Us

If there are any questions regarding this privacy policy you may contact us.

How can we do better?

If you have an enquiry about a faulty device or feel the service you have received does not meet a reasonable standard, We sincerely would like to address your concern immediately. As your business means alot to us please provide some details or feed back so we can attend to it straight away or alternatively please call us during business hours.

Thank You

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