An Evening Bird Dress Hire Website and Service Terms of Use

Welcome to the website of An Evening Bird Dress Hire (ABN 42 610 314 661) ("we", "us" or the "Proprietor").
This website is located on the web via the domain https://aneveningbirddresshire.com.au/ and includes all of the files located in that domain ("this site").

1. Agreement to these Website and Service Terms of Use

1.1. By accessing this site and using our services you agree to be bound by these terms of use ("Website and Service Terms of Use"). These Website and Service Terms of Use constitute a binding agreement between you and the Proprietor and govern your use of this site and our services.

Privacy Policy

1.2. As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy, which is incorporated by reference into these Website and Service Terms of Use.

Legal capacity to transact

1.3. If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

2. Restrictions on use

Prohibited conduct

2.1. Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

2.2. Without limiting any other remedies available to the Proprietor at law or in equity, the Proprietor reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:

2.2.1. you breach any provision of these Website and Service Terms of Use;

2.2.2. the Proprietor is unable to verify or authenticate any information that you provide to us; or

2.2.3. the Proprietor believes that your actions may cause damage and/or legal liability to the Proprietor, any of its customers or suppliers or any other person.

Indemnity

2.3. You indemnify and hold harmless the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

2.3.1. any material or information that you submit, post, transmit or otherwise make available through this site;

2.3.2. your use of, or connection to, this site or our services; or

2.3.3. your negligence or misconduct, breach of these Website and Service Terms of Use or violation of any law or the rights of any person.

3. Registration and account security

Requirement for registration

3.1. The Proprietor reserves the right to make any parts of this site accessible only to users who have registered.

Username and password

3.2. Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Proprietor will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Proprietor will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

3.3. You must notify the Proprietor immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

3.4. In order to register an account with this site, you must agree to these Website and Service Terms of Use and provide the Proprietor with:

3.4.1. a valid email address;

3.4.2. accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and

3.4.3. any other information that may be required by the Proprietor during the registration process.

3.5. You must promptly update this information to maintain its accuracy at all times.

3.6. You represent and warrant to the Proprietor that all information provided to the Proprietor by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account opening

3.7. One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations

3.8. The Proprietor reserves the right to accept or reject any application for registration of an account with this site at its discretion.

4. Orders

Order constitutes offer

4.1. By placing an order through this site, you make an offer to us to hire the products that you have selected pursuant to these Website and Service Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to lease any products to you – however, the Proprietor will endeavour to supply your selected products to you.

4.2. We will not commence processing any order made through this site unless and until:

4.2.1. payment for the order has been received by us in full; and

4.2.2. the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

Right to refuse or cancel

4.3. We reserve the right at our discretion to:

4.3.1. at any time prior to your order being accepted in accordance with these Website and Service Terms of Use, cancel all or part of your order; and

4.3.2. at any time:

   4.3.2.1. refuse to lease products to you;

   4.3.2.2. terminate your access to this site; and/or

   4.3.2.3. remove or edit any content on this site.

Acceptance of orders

4.4. Acceptance of each order will take place if and when the Proprietor sends you an email confirming that your order has been accepted.

5. Prices

5.1. The Proprietor reserves the right to change the prices for the hire of products displayed in this site at any time before you place an order.

Shipping costs

5.2. Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.

GST

5.3. All prices listed on this website are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST). Any fees or charges, including shipping costs, also include GST where applicable.

5.4. "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6. Payment

Time for payment

6.1. Payment must be made via this site at the time of placing an order.

Methods of payment

6.2. Payment for orders placed through this site may be made by credit card processed online using the secure PayPal payment gateway, Google Pay gateway or Shop Pay gateway.

Payment gateways

6.3. The Proprietor uses third-party payment gateways provided by PayPal Australia Pty Limited, Google Pay (Google LLC) or Shop Pay (Shopify Commerce Singapore Pte. Ltd) for its secure online payment transactions. Payments made through these services are subject to their own terms, conditions and privacy policies:

• PayPal
• Google Pay
• Shop Pay

6.4. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal, Google Pay or Shop Pay other than information required to process your order and deliver your purchased items (e.g. your name, email address and billing/postal address).

Credit and debit card payments

6.5. PayPal, Google Pay and Shop Pay accept all major credit and debit cards. We may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.

Refunds and other remedies

6.6. Except as expressly provided otherwise in these Website and Service Terms of Use and required under the Australian Consumer Law, all amounts paid through this site are non-refundable.

Security

6.7. While PayPal, Google Pay, Shop Pay and our website hosting providers employ secure technology for transactions, we will not be responsible for any damages (including consequential losses) that may arise from fraudulent or unauthorised use of credit/debit card or bank information by a person other than the Proprietor.

6.8. The Proprietor may request further verification such as ID or credit card scans for fraud checks. If requested information is not provided in time, your order may be cancelled and any payment refunded.

7. Delivery

Postal orders

7.1. The item will be delivered to your nominated address using a third-party courier.

7.2. The item will be deemed to have been delivered to you when:

7.2.1. The item is delivered to your nominated address (including a post office); and

7.2.2. You or a third party on your behalf signs for delivery.

7.3. You will be provided with a return postage paid satchel to return the item.

7.3.1. If you damage or lose the return satchel, you are responsible for return shipping expenses.

7.4. Any delivery date provided is an estimate and may vary due to external factors.

7.5. If you need urgent delivery, please email hire@aneveningbirddresshire.com.

Non-postal orders

7.6. For non-postal orders, you may either:

7.6.1. Collect the item from our premises at an agreed time; or

7.6.2. Have us deliver the item to an agreed location and time. We may refuse delivery, in which case the item will be posted as per clause 7.1.

8. Hire period

8.1. Once your order is accepted, you may exclusively use and possess the item for the period selected at checkout (“Hire Period”).

8.2. The Hire Period begins on the delivery registration date and ends at 11:59 PM on the final day.

8.3. Example: If a 4-day Hire Period starts Monday, it ends Thursday at 11:59 PM.

8.4. You must inspect the item upon delivery and notify us of any issues within 10 hours via email.

9. Your obligations during the Hire Period

9.1. During the Hire Period, you must:

9.1.1. Notify us immediately of any damage;

9.1.2. Not clean or launder the item (including spot cleaning);

9.1.3. Not damage or allow damage to the item;

9.1.4. Keep the item in your possession and control;

9.1.5. Not assign this agreement to others;

9.1.6. Not alter or add to the item;

9.1.7. Not use the item unlawfully; and

9.1.8. Comply with any reasonable requests we make regarding the item.

10. Risk and title to item

Risk

10.1. Risk of loss or damage passes to you upon delivery under clause 7.2.

10.2. If the item is lost, stolen, damaged beyond repair, or retained by you (intentionally or otherwise), you must pay for its replacement as set out in clauses 11–13.

Title

10.3. Title to the hired item remains at all times with the Proprietor.

10.4. You acknowledge that during the Hire Period:

10.4.1. You hold the item as bailee only and must return it;

10.4.2. You must not part with possession; and

10.4.3. You must not sell, dispose of or transfer the item. If sold, you must pay the sale proceeds to us on demand.

11. Return of items following the end of the Hire Period

What you must return to us

11.1. Once the Hire Period has expired, then you must return the item to us as follows:

11.1.1. you must either:

11.1.1.1. if your order was delivered to you via the post, use the postage satchel provided to you by us; or

11.1.1.2. if your order was collected by you or delivered in person by us, return the item to us in the manner previously agreed with us;

11.1.2. you must return the item to us within one (1) business day of the expiration of the Hire Period;

11.1.3. you must not have cleaned the item yourself. We will arrange for the item to be cleaned; and

11.1.4. the item must be undamaged and in the same condition as when it was received by you.

Items that are returned late

11.2. In the event that you do not physically return or post the item to us within two (2) business days of the expiration of the Hire Period, then you will be charged a late fee of $20.00AUD per calendar day until the day the item is registered as having been posted back to us. For the avoidance of doubt, this clause 11.2 does not preclude the Proprietor from exercising its rights under clause 13.

11.3. You expressly acknowledge and agree that the Proprietor will direct debit all and any fees from either the credit card that was used to place the order, or the credit card details that were otherwise provided by you in accordance with the direct debit agreement contained in Schedule 2 of this agreement.

11.4. You are not permitted to request that we apply any credit note that may have been issued by us to you to any late fee incurred by you pursuant to clause 11.2.

12. Damage to items

Items that are returned damaged

12.1. In the event that an item is returned to us and is damaged or otherwise not in the same condition as when it was delivered to you, then we reserve the right to either:

12.1.1. charge you all reasonable costs incurred by us to have the item cleaned or repaired in the event that the damage is rectifiable (to be determined at our absolute discretion); or

12.1.2. charge you the entire amount incurred by us to acquire the item in the event that the damage is not repairable (to be determined at our absolute discretion).

12.2. You expressly acknowledge and agree that the Proprietor will direct debit all and any fees from either the credit card that was used to place the order, or the credit card details that were otherwise provided by you in accordance with the direct debit agreement contained in Schedule 2 of this agreement.

12.3. You are not permitted to request that we apply any credit note that may have been issued by us to you to any amount liable to be paid by you pursuant to clause 12.1.

13. Refusal to return items to us

13.1. In the event that the item has not been returned to us or is not registered as having been posted to us within seven (7) calendar days of the end of the Hire Period, then:

13.1.1. it will be deemed that you have kept the item and do not intend to return the item to us; and

13.1.2. notwithstanding clause 2.3 you will indemnify us for:

13.1.2.1. the entire amount paid by us to acquire the item; and

13.1.2.2. any other reasonable costs incurred by us in:

13.1.2.2.1. determining whether or not you intend to keep the item on a permanent basis; and

13.1.2.2.2. in collecting any amounts owing to us (including without limitation debt collection fees and reasonable legal fees incurred on a solicitor/client basis).

13.2. You expressly acknowledge and agree that the Proprietor will direct debit all and any fees from either the credit card that was used to place the order, or the credit card details that were otherwise provided by you in accordance with the direct debit agreement contained in Schedule 2 of this agreement.

13.3. You are not permitted to request that we apply any credit note that may have been issued by us to you to any amount liable to be paid by you pursuant to clause 13.1.2.

13.4. In addition to clauses 13.1.2 and 13.2, we retain absolute discretion to:

13.4.1. refuse to accept any further orders placed by you or at your direction and to cancel your account registered in relation to this site; and

13.4.2. report any theft of items to the police.

14. Order cancellation

Order cancellation

14.1. Once an order has been placed by you, it is not possible to cancel the order until the item has been delivered to your nominated address. In the event that any item delivered is not suitable, then you must follow the returns procedure set out in clause 15 below.

Credit notes

14.2. Subject to the requirements under the Australian Consumer Law, refunds will not be available in any circumstances.

14.3. In the event that all of the return requirements as detailed in clause 15 have been met, then we will issue you with a credit note to the value of the order (excluding any postage fees) which is valid for three (3) years.

14.4. A credit note may be redeemed by placing an order with us via our site or otherwise with us. Please contact us via email at hire@aneveningbirdhire.com to redeem a credit note.

15. Return of items following cancellation of an order

What you must return to us

15.1. To receive a credit note, you must first:

15.1.1. notify us in writing by email to hire@aneveningbirddresshire.com within ten (10) hours of the item registering as having been delivered to your nominated address;

15.1.2. return the item to us using the postage satchel provided by us;

15.1.3. post the satchel to us within one (1) Business Day following the item registering as having been delivered to your nominated address;

15.1.4. ensure that the item is returned to us in its original condition as delivered to you, being unworn, clean, and undamaged.

15.2. If we receive the returned item in accordance with the conditions set out above in clause 15.1, then we will issue you with a credit note.

15.3. In the event that you do not fulfill all of the return conditions above, then you will be deemed not to have cancelled your order, and you will not be eligible to receive a credit note from us.

15.4. This clause 15 does not limit your statutory rights under the Australian Consumer Law as set out in clause 19.3.

16. Recovery of amounts due and payable

16.1. In the event that any funds payable by you to us in relation to these Website and Service Terms of Use, are overdue for more than thirty (30) calendar days, then we may at our discretion:

16.1.1. charge interest at the Reserve Bank of Australia’s Cash Rate Target plus two percent (2%) per annum calculated daily; and/or

16.1.2. engage a debt collector to recover the overdue amount.

16.2. Notwithstanding clause 2.3 you will indemnify us for all our reasonable costs incurred in recovering any amounts overdue to us pursuant to clause 16.1 (including without limitation, debt collection fees and reasonable legal fees incurred on a solicitor/client basis).

17. Intellectual property

Copyright

17.1. In these Website Terms of Use, the term "Proprietary Content" means:

17.1.1. this site;

17.1.2. all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and

17.1.3. all software, systems and other information owned or used by the Proprietor in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).

17.2. All Proprietary Content is the property of the Proprietor or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Proprietor or other copyright owner (as applicable).

17.3. You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

17.4. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Proprietor. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Proprietor.

Copyright claims

17.5. If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third-party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

18. Disclaimer of warranties

18.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPRIETOR AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

18.2. This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

18.2.1. the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

18.2.2. this site will meet your requirements or expectations;

18.2.3. anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;

18.2.4. the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;

18.2.5. errors or defects will be corrected; or

18.2.6. this site or the servers that make it available are free of viruses or other harmful components.

19. Limitation of liability

Exclusion of liability

19.1. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website and Service Terms of Use or the use of this site by you or any other person.

Remedies limited

19.2. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Proprietor's sole discretion):

19.2.1. in the case of services:

19.2.1.1. the supply of the services again; or

19.2.1.2. the payment of the cost of having the services supplied again.

Australian Consumer Law

19.3. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

19.3.1. to cancel your service contract with us; and

19.3.2. to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Release

19.4. You agree to release, defend, indemnify and hold harmless the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from and against all and any claims, losses, costs, expenses (including without limitation legal costs on a solicitor-client basis), damages, obligations, liabilities or debts arising directly or indirectly out of or in connection with your use of this site or any breach of these Website and Service Terms of Use.

Force Majeure

19.5. To the maximum extent permitted by law, and without limiting any other provision of these Website and Service Terms of Use, the Proprietor excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Proprietor, and the Proprietor shall be entitled to a reasonable extension of time for the performance of such obligations.

20. General

Definitions

20.1. The following definitions apply in this agreement unless the context requires otherwise:

20.1.1. "Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in Adelaide, South Australia are open for business.

20.1.2. “Claims” means any claims including actions, complaints, debts, demands, dues, proceedings, suits or other legal recourse (whether in contract or tort, at law or in equity or under statute) and including any causes of action or rights to bring or make any such claim.

20.1.3. “Losses” means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character, whether arising in contract, negligence, tort, equity, statute or otherwise; and that a party pays, suffers or incurs or is liable for, including all:

20.1.3.1. liabilities on account of tax;

20.1.3.2. interest and other amounts payable to third parties;

20.1.3.3. legal and other professional fees and expenses on a full indemnity basis and other costs incurred in connection with investigating, defending or settling any Claim; and

20.1.3.4. all amounts paid in settlement of any Claim.

Interpretation

20.2. In these Website Terms of Use and Service, the following rules of interpretation apply:

20.2.1. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website and Service Terms of Use;

20.2.2. these Website and Service Terms of Use may not be construed adversely against the Proprietor solely because the Proprietor prepared them;

20.2.3. the singular includes the plural and vice-versa;

20.2.4. a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity;

20.2.5. the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions; and

20.2.6. a reference to dollars ($) is a reference to Australian Dollars (AUD).

Notifications

20.3. The Proprietor may provide any notification for the purposes of these Website and Service Terms of Use by email and/or by adding the notification into your user control panel.

Costs

20.4. Except as specifically provided in these Website and Services Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website and Service Terms of Use.

Assignment

20.5. You may not assign, transfer or sub-contract any of your rights or obligations under these Website and Service Terms of Use without the Proprietor's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

20.6. The Proprietor may assign, transfer or sub-contract any of its rights or obligations under these Website and Service Terms of Use at any time without notice to you.

No waiver

20.7. Waiver of any power or right under these Website and Service Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Proprietor to act with respect to a breach by you or others does not waive the Proprietor's right to act with respect to that breach or any subsequent or similar breaches.

Severability

20.8. The provisions of these Website and Service Terms of Use are severable and, if any provision of these Website and Service Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

20.9. The Proprietor reserves the right to amend these Website and Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.

20.10. You may only vary or amend these Website and Service Terms of Use by written agreement with the Proprietor.

Governing law and jurisdiction

20.11. These Website Terms of Use will be governed in all respects by the laws of South Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia and the courts of appeal from them.

Schedule 1 – Prohibited conduct when using this site

YOU MUST NOT:

• use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
• use this site by any automated means;
• use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with this site;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
• reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
• falsely imply that any other website is associated with this site;
• do anything that leads, or may lead, to a decrease in the value of the Proprietor's intellectual property rights in this site;
• use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Proprietor without the Proprietor's prior written consent;

Use this site to transmit any information or material that is, or may reasonably be considered to be:

• abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
• libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
• infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
• in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
• in breach of any person’s privacy or publicity rights;
• a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
• in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
• containing any political campaigning material, advertisements or solicitations;
• likely to bring the Proprietor or any of its staff into disrepute.

Schedule 2 – Direct Debit Agreement

1. Interpretation

In this Agreement, unless the contrary intention is apparent:

1.1. ‘Account’ means the credit card, debit card or bank account held with your financial institution from which we are authorised to arrange for funds to be debited.

1.2. ‘Agreement’ means this Direct Debit Agreement between you and us.

1.3. ‘Business Day’ means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.

1.4. ‘Debit Payment’ means a particular transaction where a debit is made.

1.5. ‘Us’ means Aimie Smith trading as An Evening Bird Dress Hire (ABN 42 610 314 661). ‘We’ and ‘Our’ have the same meaning.

1.6. ‘You’ means the customer who has signed or authorised by other means the Direct Debit Request. ‘Your’ has the same meaning.

1.7. ‘Your Financial Institution’ means the financial institution nominated by you on the Direct Debit Request at which the account is maintained.

2. Debiting your account

2.1. You should refer to the Website and Services Term of Use and this Agreement for the terms of the arrangement between you and us.

2.2. We will only arrange for funds to be debited from your Account in accordance with the terms of our Website and Services Term of Use.

2.3. If the debit falls on a day that is not a Business Day, we may direct your Financial Institution to debit your Account on the following Business Day. If you are unsure about which day your Account has or will be debited you should ask Your Financial Institution.

3. Amendments by Us

3.1. We may vary any details of this Agreement at any time by giving you at least fourteen (14) days written notice.

4. Amendments by You

4.1. You may change your Account details by providing us with at least fourteen (14) days notification by sending an email to hire@aneveningbirddresshire.com.

5. Your obligations

5.1. It is your responsibility to ensure that there are sufficient clear funds available in your Account to allow a Direct Payment to be made in accordance with this Agreement.

5.2. If there are insufficient funds in your Account to meet a Direct Payment:

5.2.1. you may be charged a fee and/or interest by your Financial Institution;

5.2.2. you may incur fees or charges imposed or incurred by us; and

5.2.3. you must arrange for the Direct Payment to be made by another method or arrange for sufficient clear funds to be in your Account by an agreed time so that we can process the Debit Payment.

5.3. You should check your Account statement to verify that the amounts debited from your Account are correct.

6. Dispute

6.1. If you believe that there has been an error in debiting your Account, you should notify us directly at hire@aneveningbirddresshire.com as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your Financial Institution.

6.2. If we conclude as a result of our investigations that your Account has been incorrectly debited, we will arrange for your Financial Institution to adjust your Account accordingly and notify you in writing.

6.3. If we conclude that your Account has not been debited incorrectly, we will provide reasons and evidence in writing.

6.4. If we cannot resolve your dispute, you may refer it to your Financial Institution.

7. Accounts

You should check:

7.1. with your Financial Institution whether direct debiting is available from your Account (not all accounts support it); and

7.2. that your Account details provided to us are correct by checking a recent statement.

8. Confidentiality

8.1. Subject to clause 8.2, we will keep your information (including Account details) confidential and secure. Our staff and agents will not make any unauthorised use, modification, or disclosure of that information.

8.2. We may disclose your information only:

8.2.1. as required by law or our privacy policy; or

8.2.2. for the purposes of this Agreement (including dispute resolution).

9. Notice

9.1. To contact us about this Agreement, write to hire@aneveningbirddresshire.com.

9.2. We will notify you by post or email using your provided contact information.

9.3. A notice will be deemed received:

9.3.1. if sent by post, on the third Business Day after posting;

9.3.2. if sent by email between 9:00am–5:00pm on a business day, when recorded as received by our mail server;

9.3.3. if sent by email outside those hours, on the next business day.

10. Governing law and jurisdiction

10.1. This Agreement is governed by the laws of South Australia. You and we submit to the non-exclusive jurisdiction of its courts.