Terms of Use

Welcome to the Flamin’ Galah Pty Ltd website (the “Website”) which is owned and operated by Flamin’ Galah Pty Ltd ACN 145 231 821 (“we”, “us”, “our”, Flamin’ Galah or “Flamin’ Galah Pty Ltd”).

CelebTime is the trading name for Flamin’ Galah Pty Ltd.

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as “Terms and Conditions”).  Your use of, and/or access to, the Website constitutes your agreement to the Terms and Conditions.

We reserve the right to amend the Terms and Conditions at any time.

 

Pricing

Prices are valid from the 1st July 2022

All prices are in Australian dollars and may be subject to change.

All prices are inclusive of GST

 

Payment

We accept payments in Cash or Credit Cards (Visa, MasterCard and American Express).

You must be 18 years of age or older, understand and agree with the terms and conditions to make online bookings.

 

Liability

We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements.

We do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond our control which is not preventable by reasonable diligence on our part.

 

Our Services

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.

 

Prohibited Conduct

In relation to the Website, you must not:

  •  Use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  •  Use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
  •  Use the Website to send unsolicited email messages;
  •  In any way tamper with, hinder or modify the Website;
  •  Knowingly transmit any viruses or other disabling features to the Website or via the Website; or
  •  Attempt any of the above acts or facilitate or assist another person to do any of the above acts.

 

Intellectual Property

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by us and protected by Australian and international laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

You may view the Website and its contents using your web browser.  In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You must not:

  •  Use the material on the Website for commercial purposes;
  •  In any way modify the material on the Website; or
  •  Cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

 

 General Information Only

The content on the Website is intended only to provide a general overview on matters of interest. It is not intended to be comprehensive, nor does it constitute advice in any way. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the content.

 

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

 

No Warranties

This website is provided “as is” without any representations or warranties, express or implied.  Flamin’ Galah Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Flamin’ Galah Pty Ltd does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

 

Limitations of Liability

Flamin’ Galah Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Flamin’ Galah Pty Ltd has been expressly advised of the potential loss.

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms and Conditions, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:

  •  The supply of the services again; or
  •  The payment of the cost of having the services supplied again.

In the case of goods supplied or offered by us:

  •  The replacement of the goods or the supply of equivalent goods;
  •  The repair of such goods;
  •  The payment of the costs of replacing the goods or acquiring equivalent goods; or
  •  The payment of the costs of having the goods repaired.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Flamin’ Galah Pty Ltd’s liability in respect of any:

  • death or personal injury caused by Flamin’ Galah Pty Ltd’s negligence;
  • fraud or fraudulent misrepresentation on the part of Flamin’ Galah Pty Ltd; or
  • matter which it would be illegal or unlawful for Flamin’ Galah Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

 

Other Parties

You accept that, as a limited liability entity, Flamin’ Galah Pty Ltd has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Flamin’ Galah Pty Ltd’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Flamin’ Galah Pty Ltd’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Flamin’ Galah Pty Ltd.

 

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

This disclaimer is effective as at 1st July 2022 and is subject to change.

 

Disclaimer

Some legislation such as the Australian Trade Practices Act 1974 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”).  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the Website:

  •  All material on the Website is provided to you without warranties of any kind, either express or implied;
  •  We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  •  We do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
  •  We do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on tour part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

 

Termination

The Terms and Conditions are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by the Terms and Conditions and limitations of liability set out in the Terms and Conditions will survive.

 

Miscellaneous

We rely upon your continued observance of the Terms and Conditions.  If we suffer loss or damage or incur any costs associated with any breach by you of the Terms and Conditions or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. 

Access to the information contained in the Website may not be legal by certain persons or in certain countries.  If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms and Conditions is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms and Conditions are reserved.

If we do not act in relation to a breach of the Terms and Conditions by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms and Conditions by you.

 

Applicable Law

The Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales and Courts of Appeal from them for determining any dispute concerning the Terms and Conditions.

 

Contacting Us

If you have any questions relating to the Terms and Conditions, please contact us using the round, orange, Facebook Messenger widget on each page of this website.  Alternatively you can click on our social media icons or call +61 412 794 421

Terms and Conditions last updated on 1st July 2022.

 

Privacy

By agreeing to and accepting the Terms and Conditions, you also agree to the terms of the Flamin’ Galah Privacy Policy.  Flamin’ Galah Pty Ltd is committed to protecting the privacy and confidentiality of personal information.