Terms and Conditions

1 Acceptance

(a) This website (Site) is operated by Luxtek Pty Ltd (ABN 78 647 648 673) (we, our or us). It is available at www.luxtek.com.au and may be available through other addresses or channels. (b) By accessing and/or using the Site you: (1) warrant to us that you have reviewed these terms and conditions (Terms) and you have read our Privacy Policy (available on the Site); (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and (3) agree to use the Site in accordance with the Terms. (c) You must not use our Services unless you are at least 18 years old, or, if you are under 18 years old you have your parent’s or legal guardian’s permission to access and use the Site and Services and they have agreed to the Terms on your behalf.

2 Site and Services

(a) We hire out photobooths to venues, businesses and individuals hosting events so that attendees can use our photobooths to take photos and make memories (Services). (b) You can access our Services by scanning the QR code available at the event and registering on our Site to use the Services. Once you have registered, the photos that you take using our Services will become available within the browser you are using and you may download them to your personal mobile device (Photos). (c) If you allow other people to join you in using the Services and appear in your Photos, you, the person that scanned the QR code and registered for our Services, represent, warrant and agree that you have their permission and consent for us to take and use their Photo in accordance with these Terms, they will comply with these Terms, and you are liable for their acts and omissions.

3 Intellectual property

(a) Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and Services, including any Photos, frames, logos, images or other materials overlayed onto Photos you take. Your use of our Site and the Services does not grant or transfer to you any rights, title or interest in relation to our Site or the Services. (b) We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use our Site, Services and Photos in accordance with these Terms. All other uses are prohibited without our prior written consent. (c) Your licence to use the Photos is limited to a right to use, display and disseminate the Photos for your personal enjoyment and not for any commercial use. (d) Subject to clause 3(c), you must not, without our prior written consent: (1) copy or use, in whole or in part, any of our Intellectual Property; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party; or (3) breach any Intellectual Property Rights connected with the Site or the Services, including (without limitation) altering or modifying any of our Intellectual Property; causing any of our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of our Intellectual Property. (e) Unless you otherwise instruct us not to, you agree that we may use your Photos for promotional purposes, including on our social media pages, and no remuneration will be payable to you for such use.

4 Analytics

(a) Despite anything to the contrary, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of our Site and Services, in an aggregated and anonymised format (Analytics). (b) You agree that we may make such Analytics publicly available, provided that it: (1) does not contain identifying information; and (2) is not compiled using a sample size small enough to make the underlying User Data identifiable. (c) We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all Intellectual Property Rights in the foregoing.

5 Prohibited Conduct

(a) You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Services or which apply to you or your use of our Site; anything which we would consider inappropriate; or anything which might bring us or our Site, Services or brand into disrepute, including: (1) using our Services to take inappropriate, lewd, defamatory or offensive Photos; (2) uploading or publishing inappropriate, lewd, defamatory or offensive Photos or Photos that would otherwise harm our reputation or bring us into disrepute (including captions or related material), to social media or any other public form; (3) anything that would constitute a breach of an individual’s privacy (including uploading photos of someone without their consent) or any other legal rights; (4) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) impersonating any person or entity; or (7) facilitating or assisting a third party to do any of the above acts. (b) We may request that you remove any Photo that you have posted or uploaded on social media or in a public forum where you have breached any part of these Terms (including this clause 5) or if we otherwise deem (in our sole discretion) that you are acting in a way that adversely affects our goodwill, brand or reputation.

6 Limitations

(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (Statutory Rights). (b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted (including any suitability and fit for purpose warranties in relation to the Site and our Services), except to the extent such warranties and conditions are fully expressed in these Terms. (c) Despite anything to the contrary, to the maximum extent permitted by law: (1) our maximum aggregate liability arising from or in connection with the Terms (including the Services and/or the subject matter of the Terms) will be limited to, and must not exceed $10; (2) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party, including a failure to mitigate; and (3) we will not be liable to you for Consequential Loss, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. (d) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with: (1) your acts or omissions or those of your related parties (including family, colleagues or friends that you use the Services with); (2) any works, services, goods, materials or items which do not form part of the Services (as expressed in these Terms), or which have not been provided by us (including venues where we provide our Services); (3) any aspect of your interaction with a venue, business or any other third party; (4) the Site being unavailable, or any delay in us providing our Services to you, for whatever reason; (5) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services; (6) any illness, injury or death resulting from use of the Site or Services; (7) breach of the Terms or any law; and/or (8) any event outside of our reasonable control. (e) This clause will survive the termination or expiry of these Terms.

7 Warranties and Indemnities

(a) You represent, warrant and agree that: (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms. (b) You acknowledge and agree that: (1) you use the Site and our Services at your own risk; (2) we do not guarantee that the Site will be secure, timely, uninterrupted or error or virus free or that it will meet your expectations or requirements; (3) the provision of the Site and Services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs. (c) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms. (d) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Site or Services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms. (e) This clause will survive the termination or expiry of these Terms.

8 Collection Notice

(a) We understand that privacy is important to you. We collect personal information about you in order to enable you to access and use the Site, to provide you with the Services including to allow you to download photos you take using the Services, to contact and communicate with you, to provide your information to our clients who have booked our Services for the event or venue that you have attended so that they can send you direct marketing, to respond to your enquiries, to process your order and for other purposes set out in our Privacy Policy. (b) We may disclose that information to third parties, including our employees, contractors and related entities, our clients who have booked our Services for the event or venue that you have attended, for the purposes of them providing direct marketing to you, third party service providers who help us deliver our Services (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. (c) Our Privacy Policy contains further information about: (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process. (d) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

9 Termination

(a) If you do not agree to these Terms, you should immediately stop using our Site and our Services. (b) We may, at any time and without notice to you, discontinue our Site and/or our Services, in whole or in part. We may also exclude any person from using our Site and/or Services, at any time and at our sole discretion.

10 General

(a) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. (b) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to using our Services, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. (c) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). This clause will survive the termination or expiry of these Terms. (d) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter. (e) Feedback and complaints: We are always looking to improve our Services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have. (f) Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site. (g) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email (or, where the time of transmission is not on a business day, 9am on the next business day). (h) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties. (i) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions. (j) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

11 Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing. Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

For any questions and notices, please contact us at:
Luxtek Pty Ltd (ABN 78 647 648 673)
Email: legal@luxtek.com.au

Last update: 01 April 2021