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TERMS AND CONDITIONS

PART I – GENERAL PROVISIONS

These Terms and Conditions (these “Terms and Conditions”) govern the purchase, rental, or licensing of certain equipment, goods and software (collectively, the “Equipment”) or services (the “Services”) from 360boothuk LTD, Inc. (a.k.a. “360BoothUK”), by you or the company or entity that you represent.

1.1 Definitions of Capitalised Terms

In these Terms and Conditions, 360boothuk LTD, Inc. and its Agents are referred to as “360BoothUK,” “we”, “us,” or "our" and the customer and its Agents are referred to as “Customer,” “you” or “your.” “Parties” refers to 360BoothUK and the Customer collectively, while “Party” refers to one or either of them. Customers who purchase licenses for 360BoothUK’s software are also referred to as “Licensees.”

 

Any capitalised words or phrases that are not defined when they are used in these Terms and Conditions are defined in Section 5.20 (Definitions) below.

1.2 Agreement to Terms & Conditions

Any one of the following actions will indicate your agreement to these Terms and Conditions as well as to 360BoothUK's Terms and Conditions for Website Use and to 360BoothUK's Privacy Policy, and the date of the action will be considered your agreement’s “Effective Date”:

  • Checking the box at the end of the 360BoothUK website (the “Website”) checkout process that indicates you have reviewed and accept these Terms and Conditions;

    • Signing and returning a quote from 360BoothUK that references these Terms and Conditions;

    • Completing a purchase or rental order or request, or signing off on an estimate or quote from 360BoothUK, (each, an “Order”) for your purchase, rental or licensing of Equipment or Services;

    • Making a payment or deposit for one or more of the Equipment or Services;

    • Registering for or using one or more of the Equipment or Services; and

    • Accepting or receiving a delivery, shipment or performance from us of one or more of the Equipment or Services.

      By accepting these Terms and Conditions, you acknowledge that you are at least 18 years old and that, if accepting on behalf of a company or entity, you have the authority to bind that company or entity to these Terms and Conditions. If there is some aspect of these Terms and Conditions that you or your company/entity cannot agree with, then a separate written agreement detailing revised terms and conditions must be executed by 360BoothUK and you (or your company/entity) prior to entering into any form of acceptance listed above, or these Terms and Conditions will apply.

      By agreeing to these Terms and Conditions, you accept that 360BoothUK has the right to alter or amend them at any time.

 

1.3 Orders, Prices and Payment

All Orders you place for Equipment or Services from 360BoothUK are subject to acceptance by 360BoothUK and to product or service availability. Note that some Equipment and Services may be purchased, rented, licensed, or otherwise included as part of other Equipment and Services (e.g., a software license included with 360BoothUK's Video Booths) and may provided at no cost.

All prices are in GB Pounds and may change without notice from time to time. There are no refunds for any amounts paid by you, including those made as a deposit, except as are expressly set out in the Refund Policy. 360BoothUK does not offer a price guarantee or price matching.

Your Order for any Equipment and Services will be followed by an order confirmation in the form of an invoice or Order acknowledgement (a “Confirmation”), which signifies 360BoothUK's receipt of your Order. If you are placing an Order through our Website at https://360boothuk.com, you will be asked to pay by credit/ debit card or bank transfer at the end of the ordering process. If you are placing an Order by means other than our Website, your Confirmation will include instructions to make full payment. Unless other payment terms are expressly set forth in the Confirmation, the purchase price, rental fee or License Fee applicable to your Order must be paid in full before we will ship, deliver or provide the ordered Equipment or Services to you, unless other payment terms are expressly set out in a writing signed by 360BoothUK.

The total amount due on Orders includes sales tax applied to purchases of Equipment or Services in accordance with applicable state/ local regulations based on your shipping address or where Services are delivered. The applicable sales tax amount is indicated on the payment page of the online cart (if you order online) and on your Order Confirmation (if you order offline).

 

These Terms and Conditions are broken into five parts: Part I (General Provisions), Part II (Purchases and Rentals), Part III (Licenses), and Part IV (Services). Parts II, III and IV cover important provisions regarding each type of item using language that is comprehensible and not “overly legal.”

Note, however, that the effort to simplify the language also means that many legal details have not been included in Parts II through IV. Therefore, for a complete understanding of the Terms and Conditions, you must also reference Part V, which includes detailed legal provisions that cover all of the previous Parts as well as more general legal clauses.

PART II - PURCHASES AND RENTALS

2.1 Shipping and Delivery of Equipment

You are responsible for the shipping and delivery costs associated with the Equipment you purchase or rent, and those costs will be specified on your Confirmation.

The Equipment you purchase or rent will be delivered to the address you give 360BoothUK on your Order, either directly by 360BoothUK or by a third-party common carrier such as the FedEX or DPD. The Equipment you ordered for purchase or rent will be listed on the documents enclosed with the delivery, and you bear all risks of loss and/or damage to Equipment beginning at the time delivery is made to you (“Delivered” or “Delivery”), which is:

  1. if 360BoothUK ships from its place of business, when the Equipment is Delivered to you at the location you specified in your Order; or

  2. if 360BoothUK engages a third-party deliverer, when the Equipment is Delivered to the location you specified in your Order.

     

    Upon receiving the Equipment, you must promptly ensure that it matches your Order, and within 24 hours after Delivery, you must notify 360BoothUK if anything is missing or if there are any discrepancies from your Order. If you fail to notify 360BoothUK within this 24-hour time period, you will be considered to have irrevocably accepted the Equipment as Delivered.

2.2 Limited Warranty on Equipment; All Sales Final

The sole and exclusive warranty regarding purchased or rented Equipment is the limited warranty contained in this Section 2.2. This limited warranty applies exclusively to Customers and their Authorised Users, and is not transferable, applicable or extended to unauthorised Users or third parties. 360BoothUK reserves the unilateral right to modify this limited warranty at any time.

360BoothUK warrants that at the time of Delivery of any purchased or rented Equipment, the Equipment will operate in accordance with its specifications. For purchased Equipment, all sales are final and any malfunction or failure of Equipment to perform in accordance with its specifications must be addressed by following the procedures set out below in Section 2.4(1). For rentals of Equipment, Customer must notify 360BoothUK, within 24 hours following the Delivery of the Equipment, of any malfunction or failure to perform in accordance with specifications, following the procedure set out below in Section 2.4(4).

360BoothUK will have no responsibility for any malfunction or other failure of rental Equipment that is reported more than 24 hours after Delivery.

You cannot attempt to service or repair any of the Equipment and any such attempt, service or repair will void 360BoothUK's limited warranty. The limited warranty will not apply to any malfunction resulting from any mishandling or improper operation of, or damage to, the Equipment after Delivery.

 

2.3 Disclaimer of Liability for Equipment

360BoothUK expressly disclaims liability arising out of:

  1. your failure or inability to operate the Equipment properly;

  2. your use of the Equipment, or your allowing others to use (or failing to prevent others from using) the Equipment, in an unsafe manner or under unsafe circumstances, including without limitation situations where:

     

    1. the user of the Equipment may have impaired motor skills, vision, or judgement, such as resulting from drug or alcohol use or another physical or mental condition;

    2. you fail to properly monitor, supervise or instruct users on how to properly use the Equipment, including but not limited to instructing Users not to twist on or around the Equipment and not to jump or fall off any elevated part of the Equipment;

    3. you leave a 360° video booth unattended at any time;

    4. you fail to properly secure Equipment (or other equipment such as a camera supplied by you) to the arm of a 360° Video Booth unit, resulting in damages to any person or property; or

    5. you fail to read written materials included with delivery of the ordered Equipment before using any of the Equipment; or

  3. damage to the Equipment that occurs after Delivery.

2.4 Defective Equipment

 

  1. Purchases. If Customer discovers a manufacturing defect in Equipment it has purchased or if any purchased Equipment does not perform in accordance with its specifications, Customer shall have one (1) year after delivery of the Equipment to notify 360BoothUK of the defect or malfunction. After notifying 360BoothUK, Customer should ship the Equipment back to 360BoothUK (at Customer’s cost). If 360BoothUK finds a manufacturing defect that was not caused by normal wear and tear, it will:

  2. Repair or replace the Equipment at its option and ship the Equipment back to you at 360BoothUK's cost.

  3. Customer will be eligible for a refund of the cost of the Equipment if the repair or replacement is unavailable. If 360BoothUK finds damage that is not covered by this limited warranty, it will notify and invoice you for the cost to repair and return-ship the Equipment, and you will have thirty (30) days from such notification to pay the invoice or 360BoothUK will dispose of the damaged Equipment.

     

  4. Rentals. A rental Customer must notify 360BoothUK, within 7 days following the Delivery, of any malfunction of the Equipment or failure to perform in accordance with its specifications. 360BoothUK will, as soon as possible, repair or replace the defective Equipment. In the unfortunate event that the Equipment cannot be repaired or replaced prior to the Customer’s rental period, 360BoothUK will refund all but 20% of the rental price paid by Customer. 360BoothUK will have no other liability for such an event apart from this partial refund. 360BoothUK will have no responsibility for any malfunction or failure of rented Equipment that is reported more than 24 hours after Delivery thereof.

PART III - SERVICES

4.1 Services

Subject to these Terms and Conditions (and, if applicable, to your Order from the 360BoothUK Website), you may order from 360BoothUK Services such as support for any 360BoothUK Software and set-up and operation of rental Equipment. Services are offered only on 360BoothUK-branded Equipment and not on any other manufacturer’s equipment, products or goods.

360BoothUK will use reasonable efforts to make the Services available by the requested service date. 360BoothUK will provide the Customer with the ordered Services identified on the Order that was filled out or approved by the Customer, provided however, that if 360BoothUK determines that the Customer’s location is not serviceable by 360BoothUK, 360BoothUK shall communicate this to the Customer as soon as possible after receiving the Order and may terminate the Order and this Agreement.

Please read the following additional conditions carefully.

  • 360BoothUK attendees has the right to refuse a booking and keep the deposit after arrival if the customer has lied about the event type and amount of people present beyond a reasonable estimation. 

 

  • 360BoothUK attendees has the right to refuse a booking and keep the deposit if the remaining balance was not paid at least ONE DAY before the event as stated in the invoice.

  • 360BoothUK attendees will not accept cash on the day unless stated otherwise in advance.

  • 360BoothUK attendees have the right to refuse a guest to get on the booth if there is a risk of injury i.e. if the guest is too intoxicated and may cause harm to themselves or others.

  • 360BoothUK attendees have the right to pack up the Equipment and leave the event if they feel unsafe or concerned about the Equipment.

  • 360BoothUK attendees have the right to pack up the Equipment and leave the event if they experience any abusive behaviour from the guests or customers.

  • If the location of the event is changed please let us know at least 2 days prior the event. There may be an additional charge to cover the travel costs.

  • 360BoothUK will offer a refund ONLY if the event is not able to proceed due to COVID-19 or if 360BoothUK have to cancel the booking due to unforeseen circumstances.

Customer’s violation of these Terms and Conditions at any time will give 360BoothUK the right to terminate this Agreement.

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