TERMS OF SERVICE
Last updated: 17 August 2024
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.facepaintingwithana.com.au website (the “Service”) operated by Flareka Pty Ltd A.C.N 648 711 924 (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and that they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
BOOKING POLICY
A 20% deposit is required to secure all corporate bookings. Deposit payments can be paid by bank transfer directly into our account. All deposit payments are non-refundable.
Payment of the deposit is considered as acceptance by you of the terms and conditions contained herein. Where we have not requested a deposit to be paid, these terms and conditions are considered to be accepted upon your written or verbal confirmation of the booking, unless we are advised otherwise.
PAYMENTS
All invoices must be paid in full at least ten (10) days before the booking date, unless Flareka Pty Ltd has expressly agreed otherwise. You will receive one or several email reminder about payment in the lead up to your event until payment has been successfully made.
CANCELLATION POLICY
All deposit payments are non-refundable. Event cancellation can be made up to 8 days before the event date. If cancellation made within 7 days of the event date, there is a 50% cancellation fee. If you cancel a booking with 24hrs or less notice, there is a 100% cancellation fee.
ADDITIONAL FEES
Travel fees apply to certain locations and you will be notified of any additional such fees upon booking. Should you change the location of your event after you have booked to a location where a travel fee would usually be incurred, we reserve the right to invoice you for these additional travel fees.
Parking fees may apply to certain bookings where no free parking is available for our entertainers. We ask that you notify us if any additional parking costs are going to be incurred prior to your event so we can invoice you for this additional parking fee. We reserve the right to invoice you for this fee after your booking if we were not made aware of this prior to the day or if no nearby free parking was available to our entertainer on the day.
CHANGES TO BOOKINGS
Very rarely, the entertainer that has been assigned to your event may find themselves in an emergency situation that prevents them from being able to attend your event. This may be due to illness, car accidents or any other emergency situation that may arise. We will go above and beyond to always ensure a replacement entertainer is sent to your event and will communicate with you to let you know if such a change has occurred.
Our entertainers are highly experienced and will always go above and beyond to keep all the children engaged and entertained for the entirety of your booking. On rare occasions this may not be possible and Flareka Pty Ltd does not take responsibility for this, such as when there are distractions at your chosen venue like play equipment, where there is a very broad age range and the much younger or much older children choose not to take part or there are more than the recommended number of children per entertainer (which is no more than 20 per entertainer), which impacts how well they can keep all the children entertained and engaged.
If you would like Face Painting to be included as part of the entertainment, we recommend booking a minimum of 2hrs if you’re having 20 or more children or booking a separate Face Painter depending on the number of children you are inviting. Face Painting takes approximately 4-5mins per child and the entertainer cannot entertain the other children whilst they are doing face painting, so please bare that in mind.
PROHIBITED CONDUCT POLICY
Flareka Pty Ltd does not tolerate any type of workplace violence committed by or against our workers. For the purposes of this policy, our workplace extends to the premises at which we are providing entertainment as we are a mobile business and includes any and all communications such as phone calls, emails and text messages. Examples of such behaviour include, but are not limited to, being verbally abusive or making any kind of threat, yelling, swearing or speaking disrespectfully, displaying aggressive or hostile behaviour that creates a reasonable fear of injury to another person or subjects another individual to emotional distress, intentionally damaging property or personal items, committing acts motivated by, or related to, sexual harassment, causing any type of physical injury to another person.
RIGHT TO REFUSE SERVICE POLICY
Flareka Pty Ltd reserves the right to refuse service and enforce our terms and conditions to any person that has breached our Prohibited Conduct Policy. Examples of this include, but are not limited to, refusing to speak with any persons over the phone or refusing to provide our services at any party or event.
Any breaches of the Prohibited Conduct Policy that cause Flareka Pty Ltd to cease providing our services and to leave the premises will be deemed a cancellation on the part of the customer and no refunds will be given.
ALLERGIC REACTION POLICY
We pride ourselves on only using the professional face paints to ensure our customers safety, there is a slight chance of allergic reaction may occur from person to person circumstances.
Parents of the children being painted accepted full responsibility for any skin irritation or reactions that may occur.
CORPORATE BOOKINGS
A 20% deposit is required to secure the booking. All deposit payments are non-refundable. Event cancellation can be made up to 8 days before the event date. If cancellation made within 7 days of the event date, there is a 50% cancellation fee. If you cancel a booking with 24hrs or less notice, there is a 100% cancellation fee.
LIMITATIONS ON LIABILITY
Flareka Pty Ltd will not be held responsible for the behaviour of any child or other person attending your event. We reserve the right to cease entertainment at the discretion of the entertainer, if behaviour of any child or event guest becomes unacceptable, or if there is any unreasonable risk of harm to the entertainer, other children or event guests.
You agree that either yourself or another nominated adult will remain present for the duration of the event, and will be responsible for the supervision of the event and that you will advise Flareka Pty Ltd of who that supervising adult is prior to the commencement of the entertainment.
You agree that Flareka Pty Ltd will not in any way be liable to you or any other person for any damage, loss or injury suffered by yourself or any other persons while participating in the event, however such damage, loss or injury, may be caused, whether by our act, default, omission or negligence and you agree to indemnify Flareka Pty Ltd in respect of such injury, loss or damage.
You agree to notify Flareka Pty Ltd of any special requirements of any child or event guests, including but not limited to allergies or other mental, emotional or physical issues, which may affect the entertainment we choose to provide, and you agree to indemnify Flareka Pty Ltd in respect of any claim which may arise as a result of your misrepresentation or failure to make such a disclosure.
You agree that while Flareka Pty Ltd may assist by making arrangements for hire of other equipment, including but not limited to Jumping Castles, Petting Zoos, Pony Rides, Inflatables, Mechanical Rides, Soft Play Equipment and Fairy Floss, Popcorn and Snow Cone Machines, Flareka Pty Ltd is entering into agreements with those suppliers on behalf of you and you agree to indemnify Flareka Pty Ltd in respect of any injury, loss or damage suffered by any child or event guest in relation to such equipment.
PURCHASES
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
- you have the legal right to use any credit card or another payment method in connection with any Purchase; and
- the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our offerings of services on the Service. The services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of New South Wales, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
INDEMNIFICATION
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
LIMITATION OF LIABILITY
You agree that we shall not be liable for any damages suffered as a result of you using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or another economic advantage) however it arises, whether for breach of contract or in tort, even if we have been previously advised of the possibility of such damage.
We do not endorse any products and services, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an “AS-IS” and “AS-AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Flareka Pty Ltd & Face Painting With Ana and its subsidiaries, affiliates, and its licensors do not warrant that:
- the Service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components, or
- the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
CONTACT US
If you have any questions about these Terms then please, contact us at info@facepaintingwithana.com.au
