Effective Date: 18th January 2024

Welcome to  Conscious Curations

This Site is owned and operated by Conscious Curations ABN 60 995 437 521 (referred to in these terms as “owner”, “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site, the hire of products available on our Site (“Products”) and the content made available to you via this Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, customers, and other users of our Site (“hirer”, “user”, “you” and “your”).

Acceptance of Terms

By accessing and using this Site, our social media channels and any other materials made available to you on this Site, or hiring the Products, you are taken to accept our Terms. In doing so, you warrant that you:

• are over 18 years of age and have the legal capacity to enter into a legally binding contract;

• have read and accepted these Terms; and

• will comply with these Terms.

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these Terms, you should not access our Site.

Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

PRICES

All prices are provided in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). Prices and availability of Products are subject to change at any time. The amount charged to you will be the price in force at the time you make your order. When ordering online, the prices advertised on our Site are not guaranteed until you receive written confirmation from us. Any errors will be rectified and a revised quote will be issued to you within 24 hours of your original request.

We reserve the right to modify or discontinue any product without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any product.

We reserve the right to cancel an order and provide a full refund in the event that a product has been discontinued or we do not have the stock available.

We may from time to time provide discounted products. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion, and are not transferrable.

We offer visitors who want to hire from our Site the option to pay for the Products by credit card or such other method of payment as provided at checkout. You acknowledge and agree to make timely and full payments to us for the Products hired. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed, and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the Products.

We reserve the right to cancel any booking where we suspect that there is fraud or other types of illegal or unauthorised activity.

Booking Process & Fees

IDENTIFICATION

When ordering through our Site, you may be required to provide a passport, driver’s license or some other forms of identification. If this is not provided, we reserve the right to refuse the order.

CREATING AN ACCOUNT

To place orders and access some features of our Site, you may need to register an account. This means you will have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is correct at the time you provide the information, and that you will update this information should there be any changes. You will be solely responsible for the activity that occurs on your account (including orders placed on your account), so be sure to keep your account password secure.

COMPLETING BOOKING FORM

All orders must be made through this Site, or such other website as we designate. Once ordered, your booking is subject to our approval prior to being confirmed. You will receive an order confirmation email from us once your order has been approved.

Where we request information from you to proceed with the order, you warrant that the information provided in the order is true, accurate and correct and that false information may result in your order being cancelled without a refund. Where there are any errors in the information you have given, these must be brought to our attention 48 hours prior to your order. This information will be treated in accordance with our Privacy Policy.

You will select the Products and the hire period which is the period for which the Products are scheduled to be hired by you (“Hire Period”)

You are responsible for ensuring the accuracy and suitability of the Products selected for the Hire Period, as well as the correctness of all other ordering details. Please check the details you provide carefully and inform us immediately of any errors or omissions. If you inform us within a reasonable time frame, we will assess your situation in accordance with our Refund and Cancellation Policy set out below. Please be aware, that certain changes or cancellations may not be possible if notified beyond the time frame, as outlined in our Refund and Cancellation Policy.

Orders will only be deemed guaranteed with a valid credit card and may include a Security Bond.

To secure your order, a hire fee must be paid upfront at the time of hire, which may include an amount payable by you to cover loss of or damage to the Products or any breach of your obligations under these Terms (“Security Bond”). You agree that we may charge the credit card on file to cover any loss of or damage to the Products.

We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law, or where your conduct impacts our reputation.

SECURITY BOND

In cases where a Security Bond is required, the Security Bond will be refunded within 7 days of the Products being returned and inspected, subject to compliance with these Terms. If there is any breach of your obligations set out in these Terms, including but not limited to the condition, late return or improper use of the Products, we will deduct the relevant costs (including if applicable repair or replacement) from the Security Bond and any outstanding costs will be invoiced to you and/or charged to your credit card. Invoices for these outstanding costs will be payable within 7 days.

CREDIT CARD AUTHORISATION

As part of securing the rental of the Products, you are required to provide valid credit card details.

You hereby authorise us to keep these credit card details on file and to charge this credit card in the event that the Security Bond is insufficient to cover the costs of repair, replacement, or any other charges as set out in these Terms or in the absence of a security bond, any additional fees or charges arise due to late return or breach of these Terms this includes fees or charges to cover the cost of repair or replacement of the Products.

You acknowledge that this authorisation is a condition of hiring the Products and is necessary to manage potential risks and costs associated with the hire of the Products.

Any charges made to your credit card will be itemised and communicated to you and will only be processed in accordance with these Terms.

PICK-UP ARRANGEMENTS:

Bookings for pick-up must be prearranged with us and made at least 24 hours before the hire date.

INSPECTION ON COLLECTION:

We advise you to inspect the Products at pick-up to confirm their condition matches the description on the Site.

Report any discrepancies or issues to us immediately at pick-up.

LATE OR FAILED PICK-UP:

It is your responsibility to pick up the Products at the time and location agreed. If you are unable to pick up the Products as scheduled, inform us promptly.

If you fail to pick up the goods without notifying us of a delay or change in circumstances, this will be treated as a cancellation of the hire. In such instances, our Cancellation and Refund Policy will apply.

RESPONSIBILITY AFTER PICK-UP:

Responsibility for the Products passes to you after pick-up. You are accountable for their safekeeping and use as per the Terms.

Late Fee Policy

LATE RETURNS

The return of hired Products is expected by the end of the Hire Period, as specified in your order confirmation.

CHARGES FOR LATE RETURNS

In case of a late return, a late fee will be charged. This fee is to compensate for the potential loss of hire opportunities and the administrative cost incurred due to the delay.

The late fee is a daily rate of 25% of the hire cost per day overdue.

NOTIFICATION AND GRACE PERIOD

A grace period of 24 hours may be provided, subject to our discretion. During this period, no late fees will be charged. This is to accommodate unforeseen circumstances that might cause a slight delay in returning the goods.

We request that you notify us as soon as possible if you anticipate a late return.

REPEATED LATE RETURNS

Repeated instances of late returns may lead to additional penalties or refusal of future hire services.

PAYMENT OF LATE FEES

Late fees must be paid promptly upon return of the hired products. These fees can be deducted from the Security Bond or billed directly to you by invoice.

Professional Cleaning

The hire fee for our Products,  includes the cost of professional cleaning. We ensure that each item is professionally cleaned and inspected before it is hired out again.

HIRER'S RESPONSIBILITIES REGARDING CLEANING

As the Hirer, you are prohibited from attempting to clean, iron, press, or otherwise alter the condition of the hired item in any way.

Any attempts to personally clean or alter the item can cause damage and may result in additional charges or fees to cover repair or replacement.

HANDLING OF STAINS OR DAMAGE

In the event of minor stains or soiling during the Hire Period, please DO NOT attempt to remove these yourself. Inform us upon return so that we can address it through professional cleaning methods.

For any significant damage or staining that occurs, please report it to us as soon as possible. We will assess the item and determine the best course of action. Significant damages may incur additional charges, as outlined below (FAULTY OR DAMAGED GOODS).

Returns of Goods

Upon the conclusion of the Hire Period, return the item in the same condition as received, barring normal wear and tear. Our professional cleaning process will take care of standard cleaning requirements.

CANCELLATION AND REFUNDS POLICY

Cancellation Process

If you need to cancel or change your order, you must contact us immediately but not less than 24 hours after your order, either using the number shown on our Site or via the email address we provide to you.

Any cancellation must be made in writing and sent to the address provided by email. Cancellations will only take effect upon your written confirmation.

Cancellation and Refund

If you, as the hirer, decide to cancel the booking after making the full payment, the following sliding scale refund policy will apply:

• Cancellations are allowed in the first 24 hours after an order was first placed, unless the item(s) have already been dispatched to you, or unless the cancellation request was received less than 72 hours prior to your booking start date. You will be eligible for full refund less our Administrative Fee.
• Cancellation more than 21 days before the start of the Hire Period: You will receive a full refund of the amount paid, less a fee to cover our processing costs (“Administrative Fee”). Alternatively, you may opt for a credit note for future services, subject to our discretion.
• Cancellations between 4 and 21 days before the start of the Hire Period: You will be entitled to the full amount credit note less our Administrative Fee for future services, subject to our discretion.
• Cancellation equal to or less than 4 business days prior to the start date of the Hire Period: No refund or credit note will be provided, and the full hire cost will be charged.

This sliding scale approach is designed to be fair and reasonable, considering the likelihood of us securing an alternative order. The closer the cancellation is to the Hire Period, the lower the refund percentage, reflecting the increased likelihood of lost revenue.

If we, as the Owner, cancel the order at any time, the full amount paid will be refunded.

For cancellations due to extenuating circumstances

In the event of extenuating circumstances, such as a force majeure event, we reserve the right to choose whether to cancel or reschedule your booking.

If we cancel your booking for any reason

Where we cancel your booking, the amount paid will be refunded within 7 days of receipt of your bank account details.

If the booking was paid for using a credit card or EFTPOS, the credit card surcharge will not be refunded.

RETURN OF PRODUCTS

Products must be returned in accordance with the terms set out in our Shipping Policy.

FAULTY OR DAMAGED PRODUCTS

Hirer's Responsibility to Inspect and Report:

Upon receipt of the Products, you, the Hirer, are required to inspect them immediately for any faults or damage.

If any faults or damage are discovered, you must notify us, the Owner, within 12 hours of delivery.

Owner's Obligation to Provide Quality Products:

We guarantee that the Products will be provided in a condition suitable for hire. While these items are not new, we ensure that they are free from significant faults or damages that would affect their use or aesthetic appeal.

In the event that you receive Products with pre-existing faults or damage that were not reported by you within the specified time frame, it will be presumed that such faults or damage occurred during the Hire Period and under your care.

Procedure for Faulty Products:

If the Products are found to be faulty upon initial inspection and reported within the specified time frame, we will endeavour to replace them with identical or similar items, subject to availability.

If a replacement is not possible, we may offer a partial or full refund or a credit for future hires, depending on the extent of the fault.

Hirer's Liability for Damage:

If the Products are returned damaged or in a poorer condition than when hired (barring normal wear and tear), you will be liable for the cost of repair or, if repair is not feasible, the replacement cost.

The cost for repair or replacement can be deducted from your credit card on file or billed directly to you. If costs are to be charged or deducted from your Security Bond, we will notify you in advance of the transaction. The maximum amount charged will not exceed the pre-agreed limit set at the time of hire or the actual cost of repair or replacement.

SHIPPING

These Terms also include our Shipping Policy which can be accessed here.

YOUR OBLIGATIONS

You agree to:

• comply with manufacturer requirements and recommendations in your use of the Products;
• inspect the Products upon receipt and immediately notify us of any defects or discrepancies;
• return the Products in the same condition as they were received, within the Hire Period and otherwise in accordance with these Terms.

You warrant that:

• any information, including identity information, credit card details, and anything else reasonably requested by us in booking your hire of the Products, is accurate and complete;
• you will not sublease, rent, sell or otherwise transfer the Products to another person;
• to the extent applicable, you will obtain and maintain insurance to protect the Products for the duration of the Hire Period;
• you will provide us with evidence of said insurance on request; and
• you will not intentionally do anything that would impact any insurance policies in any way.

You acknowledge that:

• it is your responsibility to determine whether the Products are suitable for your needs;

• you are responsible for ensuring the timely return of the Products. In the event of a late return, you agree to pay the Late Fees as specified in these Terms or as otherwise communicated to you.

OUR OBLIGATIONS

Delivery and Instruction:

• Provide timely delivery of the Products to the agreed location subject to being provided with an accurate address for delivery.
• Offer clear instructions on the proper use and handling of the Products, including compliance with manufacturer's guidelines.

Support and Assistance:

• Provide adequate customer support during the Hire Period for any queries or issues that may arise.
• Respond promptly to notifications of defects or discrepancies reported by the Hirer.

Insurance:

• We will maintain appropriate insurance for the Products during the Hire Period.

Responsibility for Products:

• We are responsible for ensuring that the Products are in a suitable condition for hire.

Limitations:

• Our liability is limited as per these Terms, particularly concerning unforeseen events or issues beyond our control.

You acknowledge that these Terms create a registrable security interest in our favour, and you consent to such interest being registered on any relevant securities register. You agree to do all things requested by us to enable our registration of the security interest.

You acknowledge that, on collection or delivery of the Products at the commencement of the Hire Period, risk in the Products passes to you as the Hirer for the duration of the Hire Period. However, title in the Products remains with us as the Owner.

INTELLECTUAL PROPERTY

Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, digital products, trade marks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site or its Content in whole or in part without our prior written consent. We reserve the right to immediately revoke your access to our Site and its Content, without refund, if you are found to be violating these Terms.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission.

You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

FEEDBACK, COMPLAINTS AND DISPUTES

We are committed to your enjoyment of and satisfaction with your hired Products. If there are any issues or concerns, please contact us immediately via our Contact Form or by Email and include:

• your name;
• your email address;
• details of your concern or complaint; and
• details of what you would like us to do to resolve the matter.

We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site and our Products. You may be invited to submit a review after your Hire Period. We love to hear from you!

Where you do decide to submit such feedback, comments or content, you:

• warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
• give us permission to post or otherwise use that feedback on our social media or other channels;
• waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
• warrant that the content does not violate these Terms; and
• warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if it:

• contains libellous or otherwise unlawful, abusive or obscene material;
• attacks our employees or another contributor;
• contains material that discloses your personal information or
• is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of services as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.

TESTIMONIALS

On our Site, we present real-life examples of and insights into other people’s experiences for illustrative purposes only. These testimonials are not intended to represent or guarantee that any current or future customers will have the same or similar experiences.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances:

• use our Site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;
• attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;
• hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
• infringe upon the rights of any person's proprietary rights;
• send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
• attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an as is basis, and to the fullest extent permitted by law, we make no representations or warranties about our Site or the Products, including that:

• they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

• access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

• there is no possibility of failure to store communications or other data.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Products, or this Site, your inability to access our Site, interruption or outage of our Site or any inaccurate, incomplete or out-of-date content provided on our Site. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of the Products, this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site (including your ability to make any bookings).

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

WAIVER

Not enforcing or delaying enforcement of any right under these Terms does not mean giving up that right. A waiver of any breach is not a waiver of any future breach. Waivers must be in writing and signed by the party giving it.

CEASING OUR WEBSITE

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and Shipping Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as efficiently and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.