Terms and Conditions
1.1. The following terms and conditions (the T&C’s) apply to the services provided by We Clue Pty Ltd (ABN 63 653 919 183) trading as Hidden Door Experiences (Hidden Door, We, Us, Our) to you (You, Your).
1.2. In these T&C’s the term services is to be given its widest meaning and includes any and all services whatsoever provided by Hidden Door to You by Us or Our employees or contractors (the Event).
1.3. You acknowledge that Hidden Door is arranging and organising such services as an organiser of the Event.
1.4. By signing this document and receiving services provided by Hidden Door, You accept the T&C’s. You may also accept the T&C’s by engaging Hidden Door to provide services to You.
1.5. By signing this document as an authorised representative of a business or company, you agree that the business or company is bound by these T&C’s.
1.6. By signing this document, you agree to pay for the Event in accordance with clause 7 below (as amended from time to time).
Payment and Availability
7.1. A fifty per cent (50%) deposit pursuant to the total amount on Our invoice as issued to You is required to secure a booking of the Event. This deposit is non-refundable and will be credited toward any applicable cancellation fee under clause 8.
7.2. This deposit is due immediately and the balance will be due for full payment fourteen (14) days before the proposed Event date.
7.3. You acknowledge that availability (including the availability of third parties engaged by Us) cannot be confirmed by Hidden Door until We have received the deposit in full.
7.4. You further acknowledge and agree that prices in relation to the Event are also not confirmed until Hidden Door has received the deposit in full.
Event Changes and Cancellations
8.1. You acknowledge and agree that Hidden Door is arranging and organising a program and acting as an organiser for the same. As such, as Hidden Door are required to engage the services and/or goods of third parties, any changes to numbers, locations and times must be made with at least seven (7) days written notice to Us. Any changes made by You may incur fees and You agree to pay such fees as incurred by Us by any third party, as a direct result of the change in booking.
8.2. If You require a change of date to the Event, You must request this in writing to Hidden Door. You agree that Hidden Door has sole discretion whether to accept such request and, whilst Hidden Door agrees to do its best to accommodate such request, You acknowledge and agree that as Hidden Door engages the services and/or goods of third parties, such request may not be able to occur. Hidden Door will notify You in writing if such request can be accommodated and until such time, the Event will proceed as scheduled pursuant to your initial booking.
8.3. You agree that any change of date in accordance with clause 8.2 above incurs a $500.00 administration fee and is required to be paid by You within seven (7) days of Us receiving notice by You.
8.4. You further agree that a change of date as requested by You in accordance with clause 8.2 above may incur additional fees and You agree to pay such fees as incurred by Us as a direct result of the change in booking.
8.5. If You cancel the Event more than fourteen (14) days prior to the Event date, You must notify Us immediately in writing. Upon receipt of such notice, You agree to pay a cancellation fee equal to fifty per cent (50%) of the total contract value for the Event. Any deposit paid will be credited toward this cancellation fee.
8.6. In addition to the cancellation fee under clause 8.5, You agree to pay any costs already incurred by Us as a result of the Event, including but not limited to venue hire, suppliers, facilitators, contractors, travel, accommodation, or other third-party services engaged by Us.
8.7. If You cancel the Event within fourteen (14) days of the Event date, You agree to pay a cancellation fee equal to one hundred per cent (100%) of the total contract value for the Event. This clause overrides clause 8.5.
8.8. The cancellation fee under clause 8.7 is payable regardless of whether full payment has already been made. Any amounts already paid will be credited toward the cancellation fee and any outstanding balance will be immediately payable upon cancellation.
Variation
9.1. You agree to be bound by the latest version of the T&C’s. We may vary, amend or add to these T&C’s at any time.
Personal Information Collection Notice
10.1. In providing the services, You may be required to give Us certain personal information in which You have certain rights. We usually disclose personal information that We collect on a confidential basis to Our contractors and service providers (including financial service providers) so that they can provide services to Us (so that We may provide services to You). Unless You ask Us not to, We may also use your personal information to send updated information and other promotional material to You.
Severance
11.1.If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
Survival
12.1. The terms underneath the following headings survive the termination and expiry of this agreement: “liability”, “indemnity”, and “intellectual property”.
Force Majeure
13.1. Hidden Door shall not be under any liability whatsoever for the consequences of any failure on its part to perform or delay in performing any obligation under the T&C’s when due, whilst and to the extent that such failure or delay is due directly or indirectly to any event of force majeure.
13.2. “Event of force majeure” includes any acts of God, war, riots, strikes, lock outs, trade disputes, fires, break downs, mechanical failures, interruptions of transport, Government action or any other cause whatsoever, whether or not of a like nature to those specified above, outside the reasonable control of Hidden Door.
13.3.If there is an event of force majeure, Hidden Door will notify You of the event and the likely impact on its performance under the T&C’s.
Governing Law & Jurisdiction
14.1. The law of the New South Wales governs the T&Cs and the parties submit to the non-exclusive jurisdiction of the courts of that State.
Dispute Resolution
15.1.If a dispute arises out of or relates to the T&C’s or the services provided by Hidden Door neither party may commence any court or arbitration proceedings relating to the dispute unless they have complied with this clause except where they seek urgent interlocutory relief.
15.2.The party claiming that a dispute has arisen under or in relation to the T&C’s or the Event must give written notice to the other party specifying the nature of the dispute.
15.3. On receipt of the notice referred to in this clause by that party, both parties must endeavour to other resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation, or determination or similar techniques agreed by them.
15.4. If the parties do not agree within seven days of receipt of the notice (or such further period as agreed in writing by them) as to:
15.4.1. The dispute resolution technique and procedures to be adopted;
15.4.2. The timetable for all steps in those procedures; and
15.4.3. The selection and compensation of the independent person required for such technique, then they must mediate the dispute in accordance with the mediation rules of the Law Society of New South Wales.
15.5. The president of this professional association or the president’s nominee will select the mediator and determine the mediator’s remuneration.
15.6. If the mediation referred to above is not completed within four weeks of reference to a mediator either party may commence any court or arbitration proceedings relating to the dispute as they see fit.
15.7. The costs of the mediation will be borne equally by the parties.
General
16.1. These T&C’s constitute the entire agreement between You and Us and supersedes any prior version of theseT&C’s between You and Us with respect to the Event.
16.2. Our failure to exercise or enforce any right or provision of theseT&C’s shall not constitute a waiver or relinquishment to any extent of Our right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.
16.3. In these T&C’s references to the parties is to be read as references to or including, as appropriate, their respective successors, transferees and assigns as well as employees, partners, agents and related bodies corporate.
16.4. If a provision, or part of a provision, of these T&C’s are void or voidable that provision is servable and the remainder of these T&C’s has full fare and effect.
16.5. You must not assign any of Your obligations under the T&C’s without Our prior written approval. We may assign Our obligations under the T&C’s without prior notice to You.
16.6. An agreement, obligation or indemnity on the part of two or more persons binds them jointly and severally.