Terms of service

Definitions

‘Dear Freddie/We/Our’ - Dear Freddie trading as Dear Freddie and any employees. ‘Customer/You/Your’ - The person, company, or other body which is hiring from Dear Freddie. ‘Guest Book’ – Physical phone that records voice messages. ‘Equipment’ – Guest Book and associated hire items provided to the Customer from Dear Freddie including transport case, signage, and charging cable. ‘Booking’ – Act of confirming Equipment hire and acceptance of Terms & Conditions through payment by Customer. ‘Hire Period’ - The time the Equipment is booked and paid for including additional time due to late return. ‘Start Date’ - The first day of the Hire Period. ‘End Date’ - The last day of the Hire Period. ‘Content’ – audio messages recorded by the Guest Book.

Delivery of Services, Delivery & Return of Equipment

Delivery & Return Shipping of Equipment - Delivery and return shipping Australia-wide is included in the hire price of your Equipment. You will receive your Equipment via courier at least 3 days prior to the Start Date of your Hire Period unless there is a delay in shipment outside of our control. Typically, we deliver within two to five days prior to your Start Date. We will provide a prepaid shipping satchel for the return of your Equipment. You are required to take the Equipment in the prepaid satchel to a post office or express parcel box within 3 day after the End Date of your Hire Period. Futile deliveries and delayed returns may incur additional courier / hire charges.

Delivery of Content - You will receive access to your private gallery of audio messages within 10 business days of Dear Freddie receiving your Equipment back. You will receive both (easy-to-share and social media friendly) audio (MP3) file formats for each audio message. You will receive all the content recorded on the Guest Book. If you wish for an image to be included in the video files of your gallery, then you need to provide the image to Dear Freddie within five days after your End Date. If no image is provided, then no image will be included in your gallery.

Preloaded Voice Greeting - Included in the hire of the Equipment is having your personalised voice greeting preloaded into the Guest Book so it is heard by users prior to leaving a message. You agree to record and send your voice greeting via the link provided by Dear Freddie after booking. If you fail to provide your voice greeting prior to 10 days before the Start Date then your Guest Book will be loaded with a generic greeting.

Changes and Cancellations

Booking Cancellation – If you cancel your booking 30 days or more prior to the Start Date of your Hire Period you will be entitled to a full refund. If you cancel your booking between 11 to 29 days prior to your Start Date you will receive a 50% refund. If you cancel your booking within 10 days or less of your Start Date no refund will be provided as your Equipment will have likely already been dispatched.

Changing Guest Book Style – There is no charge for changing the style of your Guest Book 11 days or more prior to your Start Date. However, changes are subject to availability of the requested style. Changing the style of your Guest Book within 10 days or less of your Start Date is not possible as your Equipment will have likely already been dispatched.

Changing Hire Period – You may change the Hire Period of your booking for no charge up to 11 days or more prior to your Start Date. Changing your Hire Period within 10 days or less of your Start Date is not possible as your Equipment will have likely already been dispatched.

Limit of Liability

Maximum Damages - You agree that the maximum amount of damages you are entitled to in any claim relating to the hire of the Equipment is limited to the total cost of your booking.

Issue with Delivered Equipment – You agree to notify Dear Freddie within 12 hours of your Equipment being delivered of any issue. Issues may include but are not limited to damage, non-working function, incorrect style or incorrect preloaded voice greeting. Once notified and problem is confirmed we will work to get you ‘Replacement Equipment’ no later than your Start Date at no cost to you. If we cannot get you ‘Replacement Equipment’ no later than your Start Date then you will be offered your choice of a full refund or credit.

Loss and Damage of Equipment - Except for loss or damage reported within the timeframe set out in ‘Issue with Delivered Equipment’ you agree to bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever during your Hire Period. In the event of any damage to the Equipment we may charge your credit card for the full cost of repair. In the event of damage beyond repair or loss of the Equipment we may charge your credit card for the full cost of replacement. You agree to return the Equipment clean. Should the Equipment returned be deemed dirty, we reserve the right to charge you a cleaning fee of $50. A reasonable level of wear and tear to the Equipment through normal use is accepted and is at the sole discretion of Dear Freddie.

Condition of Equipment – We understand your Guest Book may be part of the aesthetic of your wedding or event so we replace parts and complete maintenance of the Equipment to ensure it is of the best condition. You accept that the Equipment may be used and may have minor cosmetic flaws.

Equipment Ready-to-go – We charge Guest Book batteries to 100 percent prior to dispatch (and preload with your voice greeting) so that you only need to turn them on to begin recording audio messages. In case your Guest Book accidentally turns on during transport or on the odd chance is not charged to 100% we provide a USB charging cable with your hire. To charge from 0 to 100 percent takes approximately 5 hours and the charge allows for 6 hours of consecutive recording time. You agree that receiving your Guest Book not fully charged is not an issue that requires Replacement Equipment under the ‘Issue with Delivered Equipment’ section.

Repairs & Alterations - You agree not to attempt to repair or materially alter the physical or otherwise makeup of the Guest Book under any circumstance regardless of fault unless given written consent by Dear Freddie.

Removal of Content - You agree not to attempt to remove content from the Guest Book unless given written consent by Dear Freddie.

Errors Using Equipment – We will provide you with instruction on how to operate your Equipment with the inclusion of a physical instruction card, through emails and via images/video. We will also provide you with ‘How To’ signage for your guests with a physical version. You agree to release Dear Freddie of any responsibility if there are errors in the use of the Equipment and assume all risk of operation of the Equipment.

Loss of Content - We take the greatest care in ensuring the safe transport of the Guest Book, the extraction of content, and delivery of the content to you. In the unlikely event that content is lost or damaged for reasons not related to actions taken by you we will provide you with a full refund.

Content Quality – Audio messages are recorded at CD quality. However, the recording quality of the audio messages is subject to external factors such as background noise, how close the microphone is held to the mouth of the user, and how the user speaks. We run every recording through a filter to maximise the quality before providing them to you. You agree to release Dear Freddie of any responsibility related to the quality of the content provided.  

Force Majeure – We will not be liable for failure to perform any obligations otherwise required herein in the event of strikes, lockouts, calamities, acts of God, fire, flood, pandemic, and/or unavailability of supplies or other events over which Lessor has no control for so long as such event continues and for a reasonable period of time thereafter.

Intellectual Property

Copyright Ownership - All copyright is shared between Dear Freddie and the Customer and both have the right to reproduce the content. You agree that we may use the content for promotional purposes unless you advise otherwise prior to the Hire Period. You agree to release all claims to profits that may arise from our use of the content. We will not use content for promotional purposes which is deemed unsuitable or may be personally damaging to any person/s. You agree not to use the content for commercial purposes without written consent from Dear Freddie.

 

OVERVIEW
This website is operated by Dear Freddie. Throughout the site, the terms “we”, “us” and “our” refer to Dear Freddie. Dear Freddie offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - 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.

SECTION 2 - 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 will not limit or otherwise affect these Terms.

SECTION 3 - 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.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are 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.

SECTION 5 - 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 Refund 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 color 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 anytime 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.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 a change 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 details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - 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 the 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.

SECTION 8 - 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.

SECTION 9 - 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 to be 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.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - 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.

SECTION 12 - 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.

SECTION 13 - 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.
In no case shall Dear Freddie, 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. Because some states or 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.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dear Freddie 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.

SECTION 15 - 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.

SECTION 16 - 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).

SECTION 17 - 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 governs 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.

SECTION 18 - 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.

SECTION 19 - CHANGES 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.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@dearfreddie.com.au.
96 127 375 715 - ABN