OVERVIEW
This website is operated by Balloons N Beyond. Throughout the site, the terms “we”, “us” and “our” refer to Balloons N Beyond. Balloons N Beyond offers this website, including all information, tools & services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Squarespace.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

LIABILITY:

Balloons N Beyond, under no circumstance, will be held liable for any loss, damage or theft as a result of utilizing this website or purchasing our goods &/or services in which ever form was implemented. It is to each user’s responsibility to ensure that any products, services, or information available through this website meet your specific, personal requirements. Balloons N Beyond strives to ensure that all balloons & products used in our arrangements are of the highest quality to ensure optimal opportunity for prolonged float time (to the best of our ability, nor limited to the use of highly concentrated helium, balloon expansion, helium solution & multi-tie methods). Balloons N Beyond will not be held responsible for any order once out of our possession once collected from Balloons n Beyond studio Newcastle or once delivered to the requested recipient’s address.

INTELLECTUAL PROPERTY & CONTENT:

The intellectual property rights in all content & images on this website remain the property of Balloons N Beyond & are governed by the copyright laws. At not point are you permitted to publish, manipulate, reproduce, or copy any content found on this website without written consent from the managing director of Balloons N Beyond.

ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

BALLOON CARE DISCLAIMER:

It’s a tough world out there if you’re a balloon! Between the sun, wind, rain & high altitudes are all formidable threats to a balloon’s welfare.  For all the above reasons stated, Balloons N Beyond does not guarantee standard inflated time of any balloon! Please be mindful, once your balloon order leaves our hands to yours (or your recipients), Balloons N Beyond is not liable, nor accept any responsibility once they are out of our care regardless of if they have been collected from our Balloon Headquarters or delivered to requested destination. Balloons N Beyond uses only the highest quality balloons & materials. However, in some instances, balloons may deflate or pop sooner than anticipated. We are unable to guarantee the lifespan of your balloon or how long they will last. Although we recommend for balloons to be displayed indoors, we understand there are events when you would like them outside. Taking this into considerations, you must be mindful balloons are temperamental in nature. Environmental factors such as weather, children, pets, various surfaces, hot or cluttered car conditions, & flowers/ foliage/ fairy lights & additional accessories may jeopardize the lifespan of our creations. We do not offer any refunds, nor free replacements or redesign if balloons pop or deflates. NO exceptions ! We are happy to redesign balloons with 15% off as a redesign discount. However, please note that wait times will apply, should we be busy with other orders.

CONDITIONS OF SALE:

 The client agrees to have read, understood & acknowledge all terms & conditions by the way of signature & making appropriate payment(s)of the goods & services & agrees to all clauses in this document herein.

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and are not limited to, or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ALTERATIONS TO PRICING & PAYMENTS:

All pricing published is in Australian dollars (AUD). Pricing is exclusive of GST & excludes any applicable delivery costs/ installation or set down fee. Delivery charges are calculated at time of checkout. Payment must be processed in full for all orders. Payments must be made by method of preference including Bank Transfer, Direct Debit or Credit Card. Any order exceeding $1000.00 requires 50% deposit to secure your booking. The remaining 50% fee must to be paid no later than two weeks prior (or early) of date of event! Any additional surcharges or fees will be payable at time of sale & nominated by the payment provider. Please note all pricing is subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. Payment must be processed in full for all orders must be made by method of preference including Bank Transfer, Direct Debit or Credit Card. Any additional surcharges or fees will be payable at time of sale & nominated by the payment provider.

PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

CANCELLATIONS & ALTERATIONS:

The client has the right to cancel their order at any time, under the circumstances that the client acknowledges they will forfeit all payments previously made to the Balloons n Beyond (regardless of whether that payment was a deposit or made in full).

Cancellation of a booking due to weather conditions, or any situation out the control of Balloons N Beyond, shall still be subject to the cancellation policy above. Balloons N Beyond is in no way responsible or liable for weather or client’s personal circumstances that may cause client to cancel their event or booking.

If cancellation is required, all monies paid will be placed in credit for one year from date of written cancellation.  All cancellations need to be communicated via email to balloonsnbeyondau@gmail.com as well as via phone on 0415 126 401 for cancellation to be acknowledged and potential credit to be put forward.

Alterations to balloon orders can be made no less than 72 hours prior to the nominated delivery date, provided that the order has (i)is not yet inflated (ii)personalised decals have not been printed & prepared (iii) specific balloons & other material have been ordered specifically for your order. Alterations will not be made until confirmed by staff member of Balloons N Beyond in writing, or any fees, charges or additional payments are processed.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
All pricing published is in Australian dollars (AUD). Pricing is exclusive of GST & excludes any applicable delivery costs/ installation or set down fee. Delivery charges are calculated at time of checkout. Please note all pricing is subject to change without notice.

Payment must be processed in full for all orders. Payments must be made by method of preference including Bank Transfer, Direct Debit or Credit Card. Any order exceeding $1000.00 requires 50% deposit with remaining 50% to be paid two weeks prior (or early) of date of event! Any additional surcharges or fees will be payable at time of sale & nominated by the payment provider. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make an alteration to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

DELIVERY OF GOODS:

Balloons N Beyond engages on occasion with a third-party courier partner to facilitate with the delivery of goods & arrangements on behalf of Balloons N Beyond. Balloons N Beyond will not be held responsible for any loss, damage or theft in transit.

The client/purchaser will be held responsible for ensuring all delivery details are accurate & correctly communicated. Once your balloon order leaves our hands to yours (or your recipients), Balloons N Beyond is not liable, nor accept any responsibility once they are out of our care regardless of if they have been collected from our Balloon Headquarters or delivered to requested destination. If no one is present at time of delivery, Balloons N Beyond will endeavor to take all reasonable measures to ensure the arrangement is positioned in the safest place possible when left unattended. At your request, if you choose delivery not to be left unattended, the goods will be returned to the Balloon N Beyond Studio & client will be held responsible for any association regarding redelivery fees or alternative pick up can be arranged by client with 24 hours.

Please note, we do not offer any refunds, nor free replacements or redesigns once orders are out of our possession. NO exceptions! We are happy to redesign balloons with 15% off as a redesign discount. However, please note that wait times may apply, should we be busy with other orders.

For more details outlining delivery policy, please ready “Delivery Terms”.

RETURNS & REFUNDS:

Balloons N Beyond handles returns & refunds in accordance with the Australian Consumer Protection legislation. Orders are not eligible for refund as per the following (i) refunds are not eligible once your order has out of our possession and directly in yours (ii)balloons have been kept overnight for use for the following day (iii) balloons have been left outside due to recipient not being home (iv) balloons have been rejected upon arrival to recipient will under no circumstance be eligible for refund. Balloons sold on this website are subject to weather conditions, availability & thus considered a perishable product. Any reasonable & legitimate dispute will be resolved as quickly & efficiently as possible by Balloons N Beyond management within 24 hours of concern being formally addressed in writing & accompanied with image and emailed to balloonsnbeyondau@gmail.com. 

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

PRODUCT DISCLAIMER:

All product information, images & descriptions are for illustration purposes only and do not reflect or represent the final product. Balloons N Beyond strive to implement the same/if not similar balloon designs as illustrated across all digital platforms governed by Balloons N Beyond. As each item is individually curated by hand & meticulously designed as per client’s request, there are times when the arrangement may not be exact. Style & product choice remain at the discretion of Balloons N Beyond & may be subject to change without notice from what is illustrated. Although, the arrangement will be inflated & curated as closely as possible to resemble size & style.

Any specific requests need to be communicated by email, or alternatively by phone are subject to seasonal availability. In the instance where product substitutions take place, products of equal or greater value will be implemented. 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall Balloons N Beyond, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Due to some states, jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Balloons N Beyond and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

ALTERATIONS TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Any enquiries or concerns relating to the above mentioned Terms of Service must be communicated in writing to balloonsnbeyondau@gmail.com.