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TERMS & CONDITIONS

By using this website and/or engaging with VH Photobooth, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern VH Photobooth's relationship with you in relation to your use of this website or engagement of VH Photobooth's services. You signify your acceptance of these terms and conditions of use by using this website and/or engaging with VH Photobooth.

 

For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to VH Photobooth and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

It is an essential pre-condition to you using our website that you agree and accept that VH Photobooth is not legally responsible for any loss or damage you might suffer related to your use of our website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

AMENDMENT OF TERMS

VH Photobooth reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and VH Photobooth’s rights and obligations to each other.

SERVICE PERIOD

VH Photobooth agrees to have our services operational for a minimum of 90% of the client's event duration. Occasionally, our operations may need to be interrupted for normal maintenance of the equipment (i.e. changes ink cartridges, media paper). In the event the normal maintenance time exceeds 20% of the client's event duration, VH Photobooth shall:

a) extend the event duration due to the client according to the amount of time the photobooth is inoperable, or

b) reimbursed the amount of time the photobooth is inoperable, the amount to be pro-rated from the total booking fee.

ACCESS, SPACE & POWER FOR PHOTOBOOTH

Client will arrange for an appropriate space for the photobooth at the designated venue (a minimum of 2m deep x 2m wide x 2.8m high). You are responsible for providing a power source for the photobooth (10Amp, 3 prong outlet, no more than 5m away from designated photobooth space).

INTERNET CONNECTIVITY

In certain of VH Photobooth's services, internet connectivity is required. VH Photobooth shall prepare external internet connectivity devices for the event but shall not be liable to ensure that reliability of internet connection during the event. In the event the event operation is interrupted by the lack of reliable internet connection, VH Photobooth shall not be held responsible for the interruption. 

OUTDOOR EVENTS

If the event is to be held outdoors/exposed to weather, the client understands the photobooth can be shut down during the event due to inclement weather (i.e. wind, rain, flood) at VH Photobooth's discretion. If there is inclement weather and the photobooth has to be shut down, the event will be cancelled and the full booking fee shall be due. We suggest that you have a contingency plan in place for outdoor events to prevent a possible shut down due to inclement weather. A contingency plan can be to have an indoor space available so the event can be moved indoors prior to setting up; or to have a protective tent covering the designated photobooth space. VH Photobooth will only set up and dismantle the equipments for one time per event - so please plan accordingly.

DAMAGE TO VH PHOTOBOOTH’S EQUIPMENT

The client acknowledges that it shall be responsible for any damages or losses to VH Photobooth's equipment/s caused by:

a) any misuse of the equipment by client or its guests; or

b) any damage to equipment by client or its guests; or

c) any theft or disaster (including but not limited to fire, flood or earthquake) during the event duration. VH Photobooth may, at its sole discretion, cancel the event and the full booking fee shall be due.

VH Photobooth reserves the right to charge the client damages or losses suffered in the abovementioned circumstances of up to 70% of the retail value of equipment.

ANTI-HARASSMENT CLAUSE

VH Photobooth will not tolerate any abuse or threatening behaviour to any of our team or staff, or abuse of our equipment. If this occurs, we retain the right to cancel the event immediately. This applies equally to you and your guests. We may also cancel the event where our staff or team feel any equipment belonging to us is in danger or has been damaged due to the actions or unruly behaviour by you or your guests. Wherever possible and reasonable to do so, we will speak with you or the venue first to try to resolve the matter before any termination is enacted. If we do cancel the event, for any reason, the full booking fee will remain due and we will not issue any refunds for any period that our service was not provided. Moreover, the client will be responsible for any damages caused by you or your guests or other attendees at the event to us for any damage to our equipment, howsoever caused.

PERFORMANCE OF SERVICE

Where the event includes instant prints and for any reason prints cannot be provided on site during the time of the event, VH Photobooth will place the digital photos on a website which the client and their guests can access to place an order for prints of any photographs which will then be supplied and delivered by post after the event, free of charge.

If no service is received, VH Photobooth's maximum liability will be the return of all fee/payments received from the client. We are not responsible for any consequential damages or lost opportunities upon the breach of this agreement.

DELIVERY OF GOODS

Please be aware there are inherent risks associated with downloading any software and/or digital goods. Should you have any technical problems downloading any of our goods, please contact us at vhcreativestudio@gmail.com so we may try to assist you.

Digital photos taken on the event date will be stored on VH Photobooth's system for a maximum of six (6) months after the event. You have the opportunity within this timeframe to request the digital copies to be delivered via USB drive to you at an additional charge. After these six (6) months, all digital copies may be deleted and destroyed. This is not subject to any images posted on social media previously.

CANCELLATION OF EVENTS

Notice of cancellation of the event must be given to VH Photobooth in writing. VH Photobooth shall be entitled to retain 50% of the total booking/deposit fee when cancelling more than fourteen (14) days before the event date and 100% of the total booking fee if the event is cancelled within fourteen (14) days. For the later, the client shall be responsible for the remaining balance of the total booking fee due to VH Photobooth within seven (7) business days of the receipt of the written cancellation notice.

POSTPONEMENT OR AMENDMENT OF EVENTS

If the client decides, for any reason, to postpone or change the date of the event, a written notice must be given to VH Photobooth in writing. VH Photobooth shall be entitled to retain 50% of the total booking/deposit fee regardless of when the written notice is given to company.

 

In order for VH Photobooth to consider accommodating the new event date at the original booking fee, VH Photobooth must be informed of the new date at least thirty (30) days before the original event date. The new date must be no more than six (6) months after the original event date; and the decision whether to accommodate the new date is subject to the availability. 

If VH Photobooth cannot accommodate the new date or the written notice of postponement or amendment is made by the client less than thirty (30) days before the original event date, the booking shall be deemed cancelled and the client would be subjected to VH Photobooth's cancellation terms. 

LINKS TO OTHER WEBSITES

VH Photobooth may from time to time provide on its website, links to other websites, advertisements or information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, approval or arrangement between VH Photobooth and the owners of those websites. VH Photobooth takes no responsibility for any of the content found on the linked websites. VH Photobooth’s website may contain information or advertisements provided by third parties for which VH Photobooth accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

INDEMNIFICATION

The client agrees to, and understands the following:

a) client will indemnify VH Photobooth against any and all liability related to client’s event,
b) client will indemnify VH Photobooth from the time of service and on into the future, against any liability associated with client, and/or
c) client will indemnify VH Photobooth against any and all liability associated with the use of pictures taken by VH Photobooth, its representatives, employees or affiliates at client’s event.

DISCLAIMER

To the fullest extent permitted by law, VH Photobooth disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. VH Photobooth gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of VH Photobooth to bear any and all costs of servicing, repairs, or correction resulting in reliance of the aforementioned.

YOUR PRIVACY

At VH Photobooth, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you. VH Photobooth does not and will not sell personal or customer information. We may use in a general sense your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services, but not for any other use.

You may change your details at any time by advising us in writing via email to vhcreativestudio@gmail.com. All information we receive from our customers is protected by our secure servers. Furthermore, all customer data collected is secured against unauthorised use or access. We do not collect or store any of your credit card information.

Client agrees to give VH Photobooth the right and permission to copyright and to reproduce or otherwise use any photographic portraits or pictures of any photobooth user who may be included in whole or in part, via any or all media now or hereafter known for illustration, art, promotion, advertising, trade, or for any other purpose. The client hereby releases, discharges and agrees to maintain VH Photobooth free from any liability arising out of the taking of said picture or any subsequent processing or publication thereof including, without limitation, any claims for libel or invasion of privacy.

DISCLOSURE OF INFORMATION

VH Photobooth may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

MISCELLANEOUS TERMS 

If any provision of these terms shall be unlawful, void, or for any reason unenforceable under contract law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire agreement between VH Photobooth and its client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, client agrees to solve any arguments via arbitration. 

Updated as of 11 November 2022.

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