Terms of service

PART 1 - WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to www.emberhottubs.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase/hire/rent various products that have been listed for sale/hire/commission through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

(b) The Website is operated by Ember Hot Tubs Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by Ember Hot Tubs Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Ember Hot Tubs Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Ember Hot Tubs Pty Ltd updated the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Ember Hot Tubs Pty Ltd in the user interface.

3. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(b) You warrant that any information you give to Ember Hot Tubs Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Ember Hot Tubs Pty Ltd: or

(b) you are a person barred from receiving the Purchase Services under the laws of Australia or

other countries, including the country in which you are resident or from which you use the

Purchase Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for the purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant

jurisdictions;

(iii) you have the sole responsibility for protecting the confidentiality of your password and/or

address. Use of your password by any other person may result in the immediate cancellation

of the Purchase Services;

(iv) any use of your registration information by any other person, or third parties, is strictly

prohibited. You agree to immediately notify Ember Hot Tubs Pty Ltd of any unauthorised use

of your password or email address or any breach of security of which you have become aware;

(v) access and use of the Website is limited, non-transferable and allows for the sole use of the

Website by you for the purposes of Ember Hot Tubs Pty Ltd providing the Purchase Services;

(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use

which includes collecting email addresses of Members by electronic or other means for the

purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may

be removed from the Website without notice and may result in termination of the Purchase

Services. Appropriate legal action will be taken by Ember Hot Tubs Pty Ltd for any illegal or

unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services

is prohibited.

5. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

(b) Payment of the Purchase Price may be made through (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by Ember Hot Tubs Pty Ltd, you will be issued with a receipt to confirm that the payment have been received and Ember Hot Tubs Pty Ltd may record your purchase details for future use.

(d) Ember Hot Tubs Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product remains in new condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty

(a) Ember Hot Tubs Pty Ltd Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

(b) You may make a claim under the clause (the 'Warranty Claim') for material defects and workmanship in the Products within 24 months from the date of purchase (the 'Warranty Period').

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Ember Hot Tubs Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Ember Hot Tubs Pty Ltd by email at accounts@emberhottubs.com.au.

(d) Where the Warranty Claim is accepted then Ember Hot Tubs Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or re-manufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping incurred in facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by Ember Hot Tubs Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of Ember Hot Tubs Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Ember Hot Tubs Pty Ltd or its contributors.

(b) Ember Hot Tubs Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent

registered design or copyright of Ember Hot Tubs Pty Ltd; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark,

or industrial design; or

(or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of Ember Hot Tubs Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(d) Ember Hot Tubs owns all Intellectual Property Right in or associated with the Goods and nothing in these Terms affects the Supplier's ownership of these intellectual property rights.

(e) You must not manufacture, or arrange for the manufacture, of any goods or products that utilise any of Ember Hot Tubs Pty Ltd Intellectual Property Rights and must immediately inform Ember Hot Tubs Pty Ltd of any infringement or alleged infringement of Ember Hot Tubs Pty Ltd Intellectual Property Rights of which the Purchaser becomes aware.

(f) You must not alter, remove, damage, or destroy any labels attached to the Products.

8. Privacy

(a) Ember Hot Tubs Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Ember Hot Tubs Pty Ltd's Privacy Policy, which is available on the Website.

9. General Disclaimer

(a) You acknowledge the Ember Hot Tubs Pty Ltd does not make any terms, guarantees, warranties, representation or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) Ember Hot Tubs Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) Ember Hot Tubs Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of Ember Hot Tubs Pty Ltd, is at your own risk. Everything on the Website, the Purchase Services, and the Products of Ember Hot Tubs Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Ember Hot Tubs Pty Ltd make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Ember Hot Tubs Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(iv) the Content or operation in respect to links which are provided for the User's convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

Ember Hot Tubs Pty Ltd's total liability arising out of or in connection with the Purchase Services of these terms, however arising, including under contract, tort (including negligence), in equity, under stature or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Ember Hot Tubs Pty Ltd is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that Ember Hot Tubs Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) Ember Hot Tubs Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted pr caused by users of the website of Ember Hot Tubs Pty Ltd, by third parties or by any of the Purchase Services offered by Ember Hot Tubs Pty Ltd.

11. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Ember Hot Tubs Pty Ltd as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying Ember Hot Tubs Pty Ltd at any time; and

(ii) closing your accounts for all of the Purchase Services which you use, where Ember Hot Tubs Pty Ltd has made this option available to you.

(d) Ember Hot Tubs Pty Ltd may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Ember Hot Tubs Pty Ltd is required to do so by law;

(iii) the partner with whom Ember Hot Tubs Pty Ltd offered the Purchase Services to you has terminated its relationship with Ember Hot Tubs Pty Ltd or ceased to offer Purchase Services to you;

(iv) Ember Hot Tubs Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(v) the provision of the Purchase Services to you by Ember Hot Tubs Pty Ltd is, in the opinion of Ember Hot Tubs Pty Ltd, no longer commercially viable.

(e) Subject to local applicable laws, Ember Hot Tubs Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Ember Hot Tubs Pty Ltd's name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Ember Hot Tubs Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Indemnity

You agree to indemnify Ember Hot Tubs Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(ii) any direct or indirect consequence of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms.

13. Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relation to the Terms, wither party may not commence any tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator by the President of the Australian Mediation Association or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Melbourne, Australia.

(d) Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

(a) The Purchase Services offered by Ember Hot Tubs Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

15. Governing Law

(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequity or bargaining power or general grounds of restraint of trade.

17. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

18. Fencing

(a) You agree and are responsible for supplying adequate fencing around the Equipment and you will ensure that the fencing complies with relevant legislation/regulations.

(b) Ember Hot Tubs Pty Ltd will not be held liable for any breaches of fencing regulations contained in legislation or under the common law.

(c) Ember Hot Tubs Pty Ltd will not be held liable for any personal injury or death caused by any breach of fencing regulations under legislation or under the common law.

(d) You agree to consult you local government authority and or council, prior to purchasing/hiring/commissioning in anyway the Equipment, in relation to relevant fencing regulations.

(d) Children have drowned in relocatable/portable swimming pool/spas/bath tubs. You agree to actively supervise children at all times in and around the Equipment.

'WARNING!
Children have drowned in portable swimming pools.
Ensure active adult supervision at all times.
Do not leave children unsupervised in or around the pool—keep them within arm's reach.
Pool fencing laws apply to this pool. Consult your local government authority for fencing requirements.'

19. Safety and Compliance Notice

Never leave children unattended in or around a pool, spa, or hot tub. Pools, spas and hot tubs capable of holding more than 300 mm of water are subject to state and local regulations, including safety barriers, permits, registration, and inspections. Customers are responsible for ensuring installation and use comply with all laws and standards. Refer to the Australian Standard for Swimming Pool Safety – Safety Barriers and check with your local council or a registered building surveyor.

20. Best Soak Guarantee

(a) If you change your mind and the item is still in near new condition (condition is determined by Ember Hot Tubs), you have until 30 days after the date of receipt of your goods to request a return.

(b) You must contact us at accounts@emberhottubs.com.au to initiate a return. For us to accept a return, you must contact us first to authorise the return before sending. You must also include the following information to have your return processed as quickly as possible:

Your original order number
The condition of your item
The number of parcels that you would like to return
The reason for your return

(c) You must organise and pay the cost of the return shipping. Please contact us if you require assistance in organising the return shipping.

(d) There are certain situations where only partial refunds are granted. This may occur for any item not in its original condition, user damaged or incomplete or outside of the 30 day grace period.

PART 2 - CONDITIONS OF TUB-SCRIPTION/RENTAL/HIRE SERVICE

1. Definition of Terms

1.1 ‘The Owner’ is Ember Hot Tubs Pty Ltd.

1.2 ‘The Hirer’ is the company, firm or individual, including their successors or personal representatives who hires, rents, subscribes, commissions or is otherwise in possession of the Equipment.

1.3 ‘Equipment’ includes all items, specified or otherwise, hired, sold, leased or other by the Owner to The Hirer including accessories and parts.

1.4 ‘Hire Period’ commences once the Equipment is on site and concludes when equipment leaves site.

1.5 ‘Commission’ means the Equipment is on site.

1.6 ‘Decommission’ means the Equipment is removed from site.

2. Extent of Contract and Title

2.1 No conditions or warranties other than specified herein shall be implied or deemed to be incorporated to form part of the contract.

2.2 The Owner will retain the title and ownership to the equipment, unless otherwise agreed.

2.3 Equipment hired by the Owner does not purport to be new equipment, unless otherwise agreed.

2.4 These Conditions of Hire prevail absolutely over all terms & conditions proposed by the Hirer and can only be waived or varied in writing by an authorised representative of Ember Hot Tubs Pty Ltd.

2.5 If any term or condition of the agreement is found to be void or unenforceable by law then the invalidity or unenforceability of the individual term or condition will not affect any other term, condition or aspect of the agreement.

2.6 The Hirer’s details below are deemed to be that of an authorised representative of the Hirer and effect a legally binding document.

2.7 The Hirer shall in addition to any other obligation on his or her part herein contained comply with all requirements at law relating to the equipment, their possession and use and the premises upon which they are for the time being situated and the occupation and use of such premises and the Hirer shall protect the equipment from any distress, execution or seizure and shall indemnify the owner and keep it indemnified from and against all losses, costs, charges, damages and expenses suffered or incurred be it by reason or in respect thereof.

3. Suitability and Delivery in Good Order

3.1 No warranty is given that the Equipment is suitable for the purposes of the Hirer.

4. Security

4.1 The Hirer shall be responsible for ensuring the security of the equipment at all times. Any costs arising from the Equipment not being secured are chargeable to the Hirer.

4.2 A security deposit may be payable prior to hire period.

4.3 The security deposit will be refunded in full upon satisfactory testing of the equipment prior to decommissioning.

4.4 If a fault is found with the equipment, the security deposit will be withheld until the cause of the fault is determined. If the fault was due to improper use or negligence by the hirer or their associates, the security deposit will be forfeited.

4.5 In the event of total loss or catastrophic failure rendering the equipment unusable, the hirer will be liable to pay all associated costs, as per item 14.3 of this document.

5. Bookings, Confirmation & Commissioning

The booking becomes binding once:

5.1 The Owner has confirmed the details including dates and location of your hire.

5.2 The Owner has received cleared payment for the hire period.

5.3 The Hirer accepts the terms and conditions as contained in this document.

5.4 On arrival The Owner requires access to an appropriately sized, cleared and level site and access to a clean water supply and access to a waste water drainage point.

6. Payment

6.1 A security deposit may be required prior to commissioning of the Equipment.

6.2 Payment in full is required minimum two (2) weeks prior to the commencement of the hire period unless otherwise agreed.

6.3 If payment is not received at least two (2) weeks prior, The Owner reserves the right to cancel the booking.

7. Cancellation

7.1 Cancellation within two (2) weeks prior to hire period will be charged at 50% of total hire cost.

7.2 Cancellation within one (1) week prior to hire period will be charged at 100% of total hire cost.

8. Equipment Usage

8.1 The Hirer is responsible for any damage or loss caused to the equipment regardless of culpability during the hire period.

8.2 No animals of any kind are permitted in or around the Equipment.

8.3 Children have drowned in portable/relocatable swimming pools, spas and bath tubs. The Hirer agree to actively supervise children in and around the Equipment.

8.4 The Hirer must treat any and all glass objects such as bottles and wine glasses with great care and diligence in and around the Equipment.

8.5 The Owner accepts no liability or responsibility for any injury caused by broken glass in or around the Equipment.

8.6 The Hirer accepts all liability and responsibility for any damage caused to the Equipment as a result of broken glass, for example causing to hole or tear in the PVC water liner.

8.7 Foreign material such as cigarette butts, bottle caps, organic matter etc. are prohibited in or around the Equipment.

8.8 Dishwashing liquid or any other chemicals are prohibited from being added Equipment, except for hygienic purposes.

8.9 Excessive splashing, diving or bombing is strictly prohibited.

8.10 Beware of any electrical equipment within the immediate area of the Equipment such as light fittings, power points, etc. splashed water my result in electrocution.

8.11 Only wear suitable bathing attire when using the Equipment.

8.12 You agree that The Owner, its Agents, Officers or Employees, accept no liability for any personal injury or damage to any persons or property suffered during the period of your usage.

8.13 If you have any issue with the Equipment during your hire, please contact The Owner immediately using the contact details provided to you.

8.14 Equipment is not to be moved or repositioned once commissioned, unless otherwise agreed.

8.15 For safety and hygienic purposes, the Hirer agrees to drain the water from the Equipment after each and every use. Further, the Hirer agrees that fencing regulations apply and the Hirer agrees to comply with any and all fencing regulations.

8.16 The Hirer agrees to take care when using the woodfired heater. The Hirer agrees not to operate the woodfired heater when it unsafe or illegal to do so, for example on days of total fire ban.

8.17 Burns can be caused by the woodfired heater. The Hirer agrees to take extreme care when operating the woodfired heater. The Hirer agrees to actively supervise children around the woodfired heater.

9. Venue

9.1 References to the Venue include, but not limited to, residential addresses, commercial premises, and public areas.

9.2 The Hirer agrees to ensure the area for commission of equipment is accessible and clear. Additional charges and/or delay in service may apply if delivery representative has to wait.

9.3 The Hirer must ensure someone is present to accept delivery. Equipment will not be commissioned unless The Hirer or their agent is present, unless otherwise agreed. Additional charges may apply if delivery representative has to wait.

9.4 The Hirer is responsible for ensuring the chosen venue is reserved in The Hirer’s name for the dates and times specified. The Owner will not be liable for any issues or errors regarding venue booking.

9.5 The Owner requires access to the Hirer’s chosen venue a minimum of three (3) hours before the scheduled commencement of the event. More time will be required if further equipment is commissioned, at the Owners discretion.

9.6 The Hirer must vacate and drain the Equipment a minimum of two (2) hours prior to the venue’s specified departure time to allow us to dismantle the equipment. More time will be required, to be determined at the Owners discretion. Please note any additional venue costs incurred by your late departure must be paid in full by the Hirer.

9.7 The Hirer must ensure any venue fees are paid in full before departure.

9.8 The Owner is not responsible for the venue in any way including, but not limited to, its facilities, location or access. Any issues with the venue must be addressed with the venue owners.

9.9 The Owner is not responsible for any instances where the venue prevents us from commissioning the equipment including lack of booking and being prevented access from the premises and will not offer refunds.

10. Connection to Mains Services

10.1 Connection and disconnection to mains services on site are the responsibility of the Hirer and must be performed by a competent operative.

10.2 The Owner provides no warranty in regards to mains supply of services (e.g. electricity, water). Supply of such services are the responsibility of the Hirer. No refunds will be given if services are unavailable during the hire period or part thereof.

11. Maintenance, Care and Alterations

11.1 The Hirer shall be responsible for maintaining the Equipment in the same condition and working order as on the date of delivery and for ensuring the Equipment is in good and clean condition on the completion of the hire period. Any loss, damage or additional cleaning costs are chargeable to the Hirer.

11.2 In the event of equipment damage or malfunction, The Owner must be informed immediately. Any damage or malfunction caused by misuse, neglect or vandalism by agents of the Hirer will be chargeable to the Hirer.

11.3 In the event of a malfunction, only authorised Ember Hot Tubs representatives are permitted to carry out repairs and maintenance on the equipment. Do not tamper with or attempt to repair any equipment unless under the direct instructions of The Owner.

11.4 Subcontractors engaged by The Hirer will be at The Hirers expense.

11.5 In the event of severe weather conditions, including wind, frost, snow, hail, heavy rain and storms, the Hirer will take action to minimise damage to the Equipment, including ensuring that all equipment is secured.

11.6 The Owner will not be responsible if The Equipment is unusable due to inclement weather conditions. No refund will be given.

11.7 No equipment or accessories may be removed from the hire equipment. Replacement of lost items will be charged to the Hirer.

12. Inspection

12.1 The Hirer shall at all times allow The Owner to have reasonable access to the Equipment to inspect, test, replace or repair.

12.2 For the purpose of inspection The Owner reserves the right to enter upon any premises without notice where its equipment is on hire or otherwise in the possession of the Hirer, Hirer’s agents or representatives.

13. Fencing

13.1 The Hirer agrees to and is responsible for supplying adequate fencing around the Equipment and ensures that the fencing complies with relevant legislation/regulations.

13.2 The Owner will not be held liable for any breaches of fencing regulations contained in legislation or under the common law.

13.3 The Owner will not be held liable for any personal injury or death caused by any breach of fencing regulations under legislation/regulations or under the common law.

13.4 The Hirer agrees to consult their local government authority and/council, prior to hiring or commissioning the Equipment, in relation to relevant fencing legislation/regulations.

13.5 For safety and hygienic purposes, the Hirer agree to drain the Equipment after each use.

13.6 Children have drowned in relocatable/portable swimming pool/spas/bath tubs. The Hirer agree to actively supervise children at all times in and around the Equipment.

14. Use of the Wood-fired Heater

14.1 The Hirer acknowledges that there are safety risks involved with using the wood fired heater and further acknowledges that The Owner has advised The Hirer of the risks involved with using the wood fired heater and has advised the Hirer of the safest way to operate and fuel the wood fired heater.

14.2 The Owner accepts no liability or responsibility for any personal injury, property damage or any other loss caused by the wood fired heater whilst in the care of the Hirer.

15. Termination

15.1 The Owner is entitled to terminate the agreement and remove the Equipment in the event of failure by the Hirer to comply with any of these terms and conditions.

15.2 The Owner may cancel bookings if payment in full has not been received.

15.3 The Hirer may cancel bookings with a minimum of 2 weeks’ notice. If cancellation occurs within 2 weeks of the hire period, hire fees will apply as per section 7 of this document.

15.4 The Hirer will ensure that all Equipment and accessories are in good and clean condition at the end of the hire period.

16. Loss and Damage

16.1 The Owner accepts no liability or responsibility due to or arising from the Equipment becoming unusable through any causes whatsoever whilst in the care of the Hirer.

16.2 The Hirer will be charged for any damage caused to the Equipment whilst in the Hirer’s possession.

16.3 If the Equipment is not returned or is significantly damaged, the Hirer will be charged for the replacement cost of the Equipment including the calculated daily rate of hire until the equipment is replaced.

16.4 It is the Hirer’s responsibility to provide a suitable space to position the equipment to prevent possible property damage. The Owner accepts no responsibility for any water damage or weight damage to property as a result of the use of the equipment.

16.5 It is the Hirer’s responsibility to provide an adequate place to drain the water from the Equipment at the time of decommission, for example a storm water drain. The Owner accepts no responsibility for any water damage to property as a result of the drainage of water from the Equipment, including but not limited to damage to house footings.

17. Insurance

17.1 The Hirer shall arrange adequate insurance cover for all equipment during the period of hire and shall fully and completely indemnify the Owner in respect of all claims for injury to persons or property caused by and in respect of all costs and charges in connection with, whether arising under statute or common law.

18. Sub-let

18.1 The Hirer shall not rehire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Equipment and shall protect against distress, execution or seizure and shall indemnify the Owner against all damages, losses, costs, charges and expenses that may be occasioned by failure to observe and perform this condition except in the case of government requisition.

18.2 The Hirer shall not assign his or her rights hereunder nor sub-let or lend the Equipment or any part thereof to a third party without the prior express consent of the Owner.

19. Force Majeure

19.1 The Hirer agrees that The Owner will not be held liable for any: Act of God including tempest, fire, flood, storm or natural disaster; War, civil war, sabotage or act of terrorism; Government sanction, embargo, import or export regulation or order; Labour disputes, including strikes, lockouts, boycotts or other industrial action; Failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services.

20. Choice of Law

20.1 This contract will be governed by the laws of Australia.

21. Finally

21.1 The Owner reserves the right to amend the terms and conditions at any time, without prior notice.

21.2 The Owner cannot be held responsible or liable for your use of any websites that are accessible from our website as we do not have any control or responsibility for these. Any such links should not be viewed as an endorsement or an affiliation with us.

21.3 The Owner reserves the right to hold certain information about the Hirer for the following purposes: to send updates regarding the status of your orders and to send newsletters and details of offers and promotions in which we believe you will be interested.

21.4 The Hirer’s details will not be shared with 3rd parties.

21.5 All hire equipment provided by The Owner is subject to the terms and conditions set out above.

22. Health Risks

22.1 The use of alcohol, drugs or medication before or during spa use can greatly increase the risk of fatal hyperthermia. Please take the time to read through our safety warnings. The effects of hyperthermia include (1) failure to perceive heat, (2) failure to recognise the need to exit hot tub, (3) unawareness of impending hazard, (4) foetal damage in pregnant women, (5) physical inability to exit spa and (6) unconsciousness resulting in the danger of drowning.

22.2 So please be careful. Since excessive water temperatures have a high potential for causing foetal damage during the early months of pregnancy, pregnant or possibly pregnant women should limit spa or hot water temperatures to 38 degrees C. Persons suffering from obesity with a medical history of heart disease, low or high blood pressure, circulatory system problems, or diabetes should consult a physician before using a hot tub. Persons using medication should consult a physician before using a hot tub since some medication may affect heart rate, blood pressure, and circulation.

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