Terms & Conditions

These terms and conditions are applicable to the hire and use of equipment provided by Four Trick Ponies Pty Ltd T/A My Little Friends (ABN 18 159 899 699) (“My Little Friends”, “MLF, “we” or “us”) between the customer (“you”, “your”) and My Little Friends.

By placing an order to hire equipment from us, you agree these Terms and Conditions will apply to the agreement for the duration of the hire of the equipment to you.

1. Agreement to hire equipment

  1. My Little Friends agrees to hire the equipment to you, and you agree to hire the equipment, for the hire period at the hire rates.  The “hire period” is inclusive of the dates confirmed in your booking confirmation, commencing on the day My Little Friends install the equipment in your chosen vehicle, and ending on the date specified in your booking confirmation.
  2. “Hire Rates” are the applicable charges for the hire of the equipment shown in your booking confirmation.
  3. “Equipment” means the products to be hired by you as described in this agreement. Specific provisions that apply to particular Equipment are set out in the schedules to this agreement.
  4. You can extend the Hire Period at any time before the scheduled end of the Hire Period by contacting My Little Friends.  You will be required to pay additional time-based fees equal to the period by which you are extending the Hire Period.  The extended Hire Period and Hire Rates will be confirmed in a further booking confirmation.
  5. You may return the Equipment to My Little Friends before the end of the Hire Period.  However, My Little Friends will not provide you with any refund of your Hire Rates for the unused portion of the Hire Period.

Important information when using the equipment

You must follow specific instructions when using the equipment.  Refer to the applicable schedule for specific information.

What to do if you have concerns about the Equipment

  1. If you believe that the Equipment is not working properly or becomes damaged; or in the case of a child car restraint, the Equipment is in a motor vehicle involved in an accident, you must immediately stop using the Equipment.
  2. You must notify My Little Friends as soon as possible if this occurs and we will advise you of the steps you should take (for example, returning the Equipment to My Little Friends).

Fees and charges

  1. You agree to pay the stated fees and charges applicable under these Terms and Conditions and set out in your booking confirmation (Hire Rates).
  2. The current fees, charges and conditions are set out on My Little Friends website: https://mylittlefriends.com.au
  3. If you do not return the Equipment to My Little Friends at the end of the Hire Period, My Little Friends may charge you fees in relation to the additional period of time that the Equipment remains outstanding beyond the original Hire Period. The extension fees are those set out in the Rates Schedule.
  4. All fees and charges quoted are in Australian dollars and are inclusive of GST.

Bond and lost or damaged Equipment

  1. When you hire Equipment, a security deposit is also payable. We will refund the deposit back to you (in the same payment method as which it was made) when:
    1. you return the Equipment at the end of the Hire Period; and
    2. provided the Equipment is returned to us in the same condition as at the start of the Hire Period, excepting fair, wear and tear.
  2. If the Equipment:
    1. is not returned to us at the end of the Hire Period; or
    2. is returned not in the same condition as at the date of the Hire Period, excepting fair, wear and tear, we can retain some or all of the Bond (at our discretion) to meet the costs of the lost or damaged Equipment and, you also agree to pay to My Little Friends the costs of cleaning, repairing or replacing the Equipment, to the extent those costs exceed the amount of the Bond.
  3. If we incur additional costs (such as collection fees or legal expenses) in seeking payments from you pursuant to clause 12, you agree to reimburse My Little Friends for those additional costs.
  4. If the Equipment is lost, stolen or damaged, you must inform My Little Friends as soon as possible after you become aware.

Insurance

You are advised to appropriately insure the Equipment. We recommend you contact your insurer to extend the existing insurance coverage to the Equipment for the duration of the Hire Period.

Your representations of My Little Friends

  1. You represent and agree in favour of MLF that:
    1. information you have provided when hiring the Equipment is true and accurate – in particular, when hiring a child car restraint, the information about the age of the child using the Equipment (we seek this information to ensure that you are using the car seat or car capsule that is appropriate for the age of the child);
    2. you will use the Equipment in accordance with the manufacturer’s instructions and you will not alter, modify or repair the Equipment;
    3. you will keep the Equipment clean and in the same condition as it was in at the commencement of the Hire Period (excepting fair, wear and tear);
    4. you will retain control of the Equipment at all times; and
    5. if the Equipment is stolen you will provide MLF with a copy of the police report or any other evidence of the loss as is requested by MLF.

Your liability and our liability

  1. Your hire of the Equipment is subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Equipment must be of acceptable quality, reasonably fit for the purpose that My Little Friends represents it will be fit for, and that the Equipment will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
  2. Subject to clause above and to the extent permitted by law:
    1. MLF will have no liability to you or any other person for any injury, loss, cost, expense or damage (including to property) that is incurred or suffered by any person in connection with or as a result of:
      1. the use or hire of the Equipment;
      2. the theft, loss or damage of the Equipment; and
    2. you agree to indemnify MLF and its employees and officers against any injury, loss, cost, expense or damage they may suffer or incur directly or indirectly in connection with or as a result of the use or hire of the Equipment.

Recovering the Equipment

If you fail to comply with these Terms and Conditions (including failing to pay any amounts due to My Little Friends), My Little Friends can re-take possession of the Equipment.  You agree that MLF (or its agents) may enter into a place or premises where the Equipment is located to retake possession of the Equipment and you agree to provide assistance to MLF to enable this to occur.  This right is in addition to any other rights MLF may have.

Privacy

My Little Friends policy on the collection, use and disclosure of your personal information is set out in our Privacy Policy which forms part of these Terms and Conditions. (A copy of the Privacy Policy is available at mylittlefriends.com.au/policies/privacy-policy.)

General

  1. Any provision in this Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
  2. My Little Friends may, at times it considers appropriate, modify these Terms and Conditions (including updating the Rates Schedule). Any variations or amendments will apply to all bookings made after the date of such amendment.
  3. Notwithstanding clause 2 above, as between you and My Little Friends, these Terms and Conditions as they apply in respect of the hire of specific Equipment confirmed in a booking confirmation, can only be amended in writing as agreed to by you and us.
  4. These Terms and Conditions are governed by the laws of Queensland, Australia.

2. Capsule and car seat hire

This schedule applies in relation to Equipment that is a child car restraint and/or a related item or accessory.

Important information – using child car restraints safely

  1. You are responsible for the safety of any child who uses the Equipment.  You must familiarise yourself with the manufacturer’s instructions and comply with them when using the Equipment.
  2. At the time of installation of any car seat or capsule by My Little Friends, we will instruct you on the proper use of that piece of Equipment.
  3. My Little Friends is committed to ensuring that child car restraints are fitted and used properly.  When you hire Equipment from My Little Friends, we will (unless you tell us otherwise) provide the initial installation of the Equipment in your motor vehicle as part of the hire costs provided the Equipment can be properly installed in the vehicle (for example, it has the correct child restraint anchor / fitting points).  If the Equipment cannot be properly installed in your vehicle, My Little Friends may elect not to proceed with the hire of the Equipment.  If this occurs, My Little Friends will promptly refund the costs of the hire to you.
  4. If My Little Friends does not install the Equipment in your vehicle, we recommend that you have the Equipment installed by an appropriately qualified and experienced car seat installer and in accordance with the manufacturer’s instructions.
  5. Once installed, we recommend that you do not uninstall the Equipment.  If you do so, we recommend that you have it reinstalled by an appropriately qualified and experienced car seat installer and in accordance with the manufacturer’s instructions.
  6. You should regularly check that the child car restraint is firmly and securely installed in accordance with the manufacturer’s instructions.
  7. A failure to properly install a child car restraint could cause the restraint not to operate as intended and could pose a risk of serious injury to a child.
  8. You must ensure that no one uses the Equipment who is not instructed in the proper use of the Equipment.

Fees and charges – child car restraints and other items

  1. Our current fees, charges and conditions for the hire of car seats, capsules and related Equipment are set out in the Rates Schedule.
  2. Our current charges for Equipment that is not returned at the end of the Hire Period are set out in the Rates Schedule.
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