Website Terms and Conditions

Introduction

These terms and conditions (Terms) apply when you access or use the Illawarra Bounce Co. website at https://illawarrabounceco.com.au (Website).

The Website is operated by Dimitrios Kinnas ABN 20 201 979 603 trading as Illawarra Bounce Co. (Illawarra Bounce Co., 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.

Where you request a quote, make a booking or hire Equipment from us, the booking and hire are also subject to our Equipment Hire Agreement, comprising the applicable Booking Form and Equipment Hire Terms (Hire Agreement).

These Terms operate subject to the Hire Agreement. If there is any inconsistency between these Terms and the Hire Agreement in relation to a booking, the hire of Equipment or any related services, the Hire Agreement prevails to the extent of the inconsistency.

We may update these Terms from time to time by publishing an updated version on the Website. Any updated Terms apply to use of the Website after they are published. Changes to these Terms do not retrospectively alter a Hire Agreement already entered into unless agreed in accordance with that Hire Agreement.

Access and use of the Website

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

If you access or use the Website on behalf of a business or other organisation, you must ensure that you have authority to do so.

Your obligations

You must not:

• copy, reproduce, adapt, modify, distribute, sell, publish, reverse engineer, decompile or otherwise exploit any part of the Website or Website Content except as permitted by law or with our prior written consent;

• use the Website for any purpose other than browsing information about our business, Equipment and services, making enquiries, requesting quotes, making or managing bookings or otherwise communicating with us;

• use or attempt to use the Website for any unlawful, fraudulent, misleading or improper purpose;

• use or attempt to use the Website in a way that interferes with, disrupts, damages or places an unreasonable burden on the Website or the systems, servers or networks supporting it;

• use automated tools, scripts, bots or similar technology to access, scrape, extract or interact with the Website in a manner that materially interferes with the Website or is not authorised by us;

• use the Website or Website Content in a way that falsely suggests an association, endorsement or affiliation with Illawarra Bounce Co.; or

• attempt to compromise the security or normal operation of the Website, including by gaining unauthorised access to accounts or data, probing or testing security vulnerabilities, introducing malicious code, overloading the Website or participating in a denial-of-service attack.

Information on the Website

We take reasonable steps to ensure that information on the Website is current and accurate. However, to the extent permitted by law, we do not guarantee that the Website or Website Content will always be accurate, complete, current, secure, error-free or continuously available.

You acknowledge that from time to time:

• the Website may contain errors, omissions or defects;

• the Website may be unavailable or interrupted;

• communications submitted through the Website may be delayed, lost or not received;

• information transmitted through the Website may not be secure; and

• information displayed on the Website may change without notice.

Information on the Website about our Equipment, availability, pricing, delivery, setup or other services is general information only and does not constitute a confirmed booking.

A booking is only confirmed in accordance with the applicable Hire Agreement.

We may update or change the Website, Website Content, Equipment descriptions, availability, pricing or other information at any time. Any confirmed booking remains subject to the applicable Hire Agreement and cannot be changed merely by updating information on the Website.

Intellectual property

We own or are licensed to use the Website and the materials made available through it, including text, graphics, logos, branding, designs, photographs, images, videos, audio, pricing information, downloads and software (Website Content).

All intellectual property rights in the Website and Website Content are reserved.

You may access and make temporary copies of Website Content solely for your personal or internal business use in connection with considering or arranging our services.

Except as permitted by law or with our prior written consent, you must not reproduce, modify, adapt, publish, distribute, transmit, sell, commercially exploit or otherwise use the Website or Website Content.

Links to other websites

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

We do not control and are not responsible for the content, availability, security or privacy practices of third-party websites.

The inclusion of a link does not of itself constitute our endorsement, approval or recommendation of the third-party website, its operator or its goods or services.

Security

We take reasonable steps in relation to the security and operation of the Website but cannot guarantee that the Website will be free from viruses, malicious code, security vulnerabilities or other harmful components.

You are responsible for taking reasonable precautions when accessing the Website, including maintaining appropriate security and virus protection on your devices.

To the maximum extent permitted by law, we are not responsible for loss or damage to your computer system, mobile device or other electronic equipment to the extent caused by matters outside our reasonable control arising from your access to or use of the Website.

Reporting misuse

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

Privacy

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy, which is available on the Website.

Our use of cookies and similar technologies is also described in our Cookie Policy.

Liability

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.

To the maximum extent permitted by law, we are not liable for loss, damage, cost or expense arising from or in connection with your use of, or inability to use, the Website to the extent caused or contributed to by:

• your breach of these Terms;

• your unlawful, fraudulent or unauthorised use of the Website;

• your reliance on Website information that is expressly identified as general, indicative or subject to confirmation;

• a third-party website, platform or service not controlled by us; or

• an event or circumstance outside our reasonable control.

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss arising solely from use of the Website.

Nothing in this clause limits or excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited.

Any liability arising from the hire of Equipment, a booking or services provided under a Hire Agreement is governed by the applicable Hire Agreement rather than this clause.

General

Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts.

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 is only effective if it is in writing and applies only to the specific right and circumstances for which it is given.

Severance

If any provision of these Terms is wholly or partly invalid, void or unenforceable, that provision is to be read down to the extent necessary to make it valid and enforceable.

If it cannot be read down, the invalid, void or unenforceable part is severed without affecting the validity or enforceability of the remaining provisions.

Joint and several liability

If you comprise more than one person or entity, each of you is jointly and severally responsible for your obligations under these Terms.

Assignment

You must not assign, novate or otherwise transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights or obligations under these Terms to a purchaser of, or successor to, all or a substantial part of our business, provided that the transfer does not materially reduce your rights under these Terms.