ABN: 32 521 066 834

1. Introduction

These Terms and Conditions (“Terms”) govern all services provided by Battle Bus (“we,” “us,” “our,” or “Battle Bus”). By booking or using our services, you (“you,” “your,” or “Customer”) agree to be bound by these Terms and confirm that you have read and understood them and agree to abide by all applicable laws and regulations. If you do not agree with any of these Terms, please do not book or use our services.

Battle Bus provides a trailer containing electronic gaming consoles to be used at events booked by customers. This trailer is known as the Battle Bus. Upon making a booking, we will provide you with a quote. By proceeding with the booking process, you unequivocally accept the quote provided.

2. Reservation Deposit

At the time of booking, the Customer authorises Battle Bus to charge a non-refundable deposit of 50% of the quoted price for the reservation of the event.

In exceptional circumstances, such as force majeure events (e.g. natural disasters, medical emergencies), exceptions to the non-refundable deposit policy may apply. The Customer must provide documentation supporting the request for an exception. In the first instant, Battle Bus reserves the right to offer to provide the service on another date or time.

Events booked online are for private small events (20 participants or fewer). These pricing packages are not valid for larger groups or public events. To discuss options for larger events, please contact us directly to ensure an exceptional Battle Bus experience for you and your guests.

3. Payment Terms

The Customer authorises Battle Bus to charge the remaining invoice balance starting 48 hours prior to the event, although in many instances, final payment is collected at the conclusion of the event.

4. Cancellation Policy

Due to high demand, if the Customer requests a cancellation within 14 days of the event or if the Customer is a no-show, the full remaining balance of the invoice will be due. All requests for cancellations must be made in writing and acknowledged by Battle Bus.

In cases of force majeure events (e.g. natural disasters, medical emergencies), the cancellation policy may be modified. The Customer must provide documentation supporting the request for a modification to the cancellation policy. In the first instant, Battle Bus reserves the right to offer to provide the service on another date or time.

5. Returns

In the event you order merchandise and Battle Bus agrees to supply the merchandise, we will make reasonable efforts to deliver party merchandise before the day of the event. For party packages booked less than 8 calendar days before the event, the Customer acknowledges that items may arrive after the event.

All merchandise sales are final. However, Customers have the right to return goods that are defective, not fit for purpose, or do not match the description provided, in accordance with Australian Consumer Law. Battle Bus will provide remedies such as repairs, replacements, or refunds for such goods.

6. Weather Policy

Battle Bus will make every reasonable attempt to deliver the event. A forecast of bad weather is not an exception to the cancellation policy. However, if the event is affected by unsafe weather conditions (e.g. tornado warnings, high winds, heavy snow, unsafe roads, or flooding), Battle Bus reserves the right to reschedule the event without providing a refund.

We encourage you to give us sufficient information about where Battle Bus can be parked at your event, including whether an undercover area that offers protection from dangerous weather is available.

Events may be rescheduled or cancelled without penalty if unsafe conditions prevail. In such cases, refunds or rescheduling options will be clearly communicated to the Customer.

7. Parking Policy

For video game parties, please allocate 20 metres (approximately 7 parking spaces) for the game trailer to park, free of hazards and foot traffic, prior to our arrival. To avoid damage to you or your event attendees and Battle Bus property, we reserve the right to refuse to pull a game trailer onto your property.

Delays caused by clearing space for the Battle Bus will not prevent us from leaving at the scheduled time. If a parking permit is required, it is the Customer’s responsibility to arrange for one. Parking outside the home at the curb in most instances is not an issue as the Battle Bus is no wider than any contractor or landscaper vehicle.

8. Power Supply

The Customer is responsible for providing and ensuring an adequate power supply suitable for operating the Battle Bus equipment. Battle Bus takes no liability for issues arising from insufficient or faulty power supplies.

The Customer shall indemnify Battle Bus for all losses that result from an unstable power supply provided by the Customer.

9. Indemnity

To the fullest extent permitted by law, the Customer agrees to indemnify, defend, and hold harmless Battle Bus, and its directors (if any), officers, employees, agents, and assigns from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including legal fees on an indemnity basis) arising from or in connection with:

• Any injury or damage, whether direct or indirect, to any person participating in the event, using any of Battle Bus’s equipment, or being on-site.

• Any damage to property arising from or related to the use of Battle Bus services and equipment.

• The Customer’s breach of any term, warranty, or obligation under these Terms.

This indemnity clause does not limit or exclude your rights under the Australian Consumer Law.

10. Australian Consumer Law Compliance

10.1 Guarantees

Battle Bus adheres to the guarantees required under Australian Consumer Law (ACL). These include guarantees that services be provided with acceptable care and skill, be fit for a particular purpose, and be delivered within a reasonable timeframe. If Battle Bus fails to meet these guarantees, you may be entitled to a remedy.

10.2 Refunds and Cancellations

Under the ACL, Customers may be entitled to a refund or cancellation if there is a major problem with our services. A major problem includes a problem that would have stopped someone from purchasing the service if they had known about it, the service being substantially unfit for its common purpose and cannot easily be fixed within a reasonable time, or if the service creates an unsafe situation.

10.3 Repairs, Replacements, and Refunds

If Battle Bus’s service fails to meet the consumer guarantees, remedies such as repairs, replacements, or refunds will be made available. However, no refunds will be provided for a change of mind or incorrect choices made by the Customer.

11. Terms of Service of Website and Privacy Policy

11.1 Terms

By accessing the website at https://www.battlebus.au, you agree to be bound by these terms of service and to comply with all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

11.2 Use Licence

Permission is granted to temporarily download one copy of the materials (information or software) on the Battle Bus website for personal, non-commercial, transitory viewing only. This is the grant of a licence, not a transfer of title.

11.3 Disclaimer

The materials on the Battle Bus website are provided ‘as is.’ Battle Bus makes no warranties, expressed or implied, and hereby disclaims all other warranties to the full extent permitted under Australian law.

11.4 Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or jurisdiction.

11.5 Privacy Policy

Your privacy is important to us. Battle Bus respects your privacy regarding any information we may collect, use, communicate, disclose, and otherwise make use of your personal information while operating our website.

Battle Bus may change this privacy policy from time to time at our sole discretion.