Terms and Conditions
Organiser Booking Terms
My Ultimate Pty Ltd ACN 005 339 579
Please read the following Terms and Conditions. If you have any queries please don't hesitate to contact a representative on 1300 339734 for clarification.
Note that we have a policy in place for clients events if they are impacted by the current pandemic. You can view the policy here.
My Ultimate Pty Ltd ACN 005 339 579 ("We”, "Us” or "Our”) offers to enter into an agreement with you ("You” and "Your”) for Your Group to join the My Ultimate Package Event specified on the Booking Form on the terms set out in this Agreement. By ticking the "I Accept” box at the time of booking the My Ultimate Package Event online here (Website) or confirming by email after making a booking by telephone with Us, You agree to these terms and conditions (Booking).
2.Terms and conditions
In these terms and conditions unless the context indicates otherwise:
"ACL” means the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth).
"Activities” means any Event activities and events agreed between You and Us and any other activities agreed between You and Us.
"Agreement” means the agreement between You and Us comprising the Booking Form and these terms and conditions.
"Booking Form” means the online Booking form located on the "Checkout” page of Our Website or otherwise provided to You after making a Booking by telephone with Us.
"Booking Fee” means the Booking fee set out in the Booking Form.
"Consumables” means any consumables, such as food and drinks, to be supplied at the Event.
"Event Documents” include (without limitation) Activity tickets, hotel vouchers, event vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with an Event service provider.
"Final Payment Due Date” means the date on which the balance of the fees for the Event are due as specified in the Booking Form, or where not specified, 21 days before the Event.
"Group” means a group of people for whom you make a Booking for an Event on a Booking Form.
"Event” means the My Ultimate Package Event referred to in the Booking Form and includes any Activities and Consumables applicable to Your Booking, which You wish to participate in.
"Organiser” means You, who is an organiser of an Event on behalf of a Group.
"Services” means Our services of facilitating the Event.
"Your Parties” means You, Your Group, and Your invitees, guests, employees, agents, contractors and suppliers.
"Unforeseen Event” means any circumstances beyond Our reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, acts of God, government restrictions, pandemics, fire, floods, acts or threats of terrorism, war, or incidents, death or injury occurring at the Venue.
"Venue” means Event venue specified in the Booking Form.
By agreeing to this Agreement, You warrant to Us:
(a)that You have legal capacity to enter into a legally binding Agreement; and
(b)that You have the authority to act on behalf of any person or entity for whom You are making a Booking and accepting this Agreement, including the Group, and You are deemed to have agreed to this Agreement on behalf of any person, entity or Group for whom You make the Booking.
(a)The approximate number of participants who will make up the Group at Your Event must be specified on the Booking Form at the time of the initial Booking. Final numbers of Group participants must be agreed with Us by Your Final Payment Due Date. If the number of participants increases after this time, additional fees may apply.
(b)All Events have minimum participant number requirements as shown in Your Event documentation. This will affect the overall cost of Your Event. In circumstances where Your Group falls below these required minimum numbers, the minimum fee for Your Event will still apply.
(c)You are responsible for the Event Booking and responsible for ensuring that all money, forms and information due for a Booking are supplied in a timely manner by all members of the Group attending an Event.
(d)You must ensure that every member of Your Group is aware of these terms and conditions.
(e)You responsible for and acknowledge that You are providing details of all Group members participating in the Event, including but not limited to names, dietary requirements, fitness levels, special needs, payment specifications, group requirements and that We will process Your Booking request and offer suggestions based on the information supplied by You. You acknowledge You are responsible for providing true and accurate information to Us at the time of Booking. Any misinformation provided by You that impacts the Event will be Your responsibility and not Ours.
(a)You must pay Us the Booking Fee for the Event by way of a deposit to secure the Venue and the balance for all people in Your Group by the Final Payment Due Date, subject to clauses 5(b) and 5(c).
(b)If the Event is to take place less than 3 weeks after the Booking is made, the full Booking Fee must be paid at the time of making the Booking.
(c)Before We are able to confirm Your potential Booking, We will check the availability with each supplier involved in Your Booking to avoid any disappointments. This check occurs after receiving Your credit card details for the deposit of your potential Booking and before We place any charges against it. We will endeavour to make this check as soon as possible after receiving your payment details to confirm Your Event and will inform you as soon as possible with Your Booking confirmation documents and a 6-digit Booking number. The timing for this stage will depend on how quickly we can contact each supplier manager and receive a confirming reply from them. Once we have received all of the relevant confirmations, We will charge Your card and notify you with your 6 digit Booking number and confirmation documents. Your Booking is only 100% confirmed and secured once We send your 6 digit My Ultimate Event Booking number and information documents. Until then Your Booking is only tentative, so please do not send Your invitations out to members of Your Group until you have your Booking number.
(d)In the event that a Booking is unavailable with a supplier, Your credit card will not be charged and We will promptly contact You with an alternate solution, such as a different date, timing or alternate package. Should You wish to proceed at this point with the new arrangements, the process of a potential Booking under clause 5(c) will repeat until Your Booking is fully confirmed. Should You, upon hearing from Us that your original package that you potentially wanted to book is unavailable, decide to withdraw Your potential Booking with Us, then we will delete Your credit card details from Our secure system, without charging the card, and the potential Booking will not proceed.
(e)No tickets, confirmations or vouchers for the Event will be released to You until the Booking has been paid in full and confirmed.
(f)If You and or Your Group consume any Consumables not specified in the Booking Form during an Event, You must pay for such Consumables directly with the supplier. We are not liable for the cost of such Consumables and You indemnify us against any claims made by suppliers for the cost of such Consumables. You must ensure that You and Your Group pays for such Consumables.
(g)You are responsible for making all payments in accordance with the payment schedule outlined in your event agreement or Booking Information Document. Failure to submit the final guest count and make the necessary payments by the Final Numbers Date may result in the cancellation of the event without further notice. If the event is canceled due to non-payment, any previously paid deposits or fees may be forfeited, and My Ultimate shall not be liable for any losses, damages, or expenses incurred by You, Your Parties or any third party as a result of the cancellation.
(a)Subject to clause 5(c), if You cancel Your Booking, You will not be entitled to a refund, exchange or credit of the Booking Fee deposit.
(b)Additionally, If You cancel your Booking less than three weeks before Your Event, You will incur further charges as follows:
(i)a 30% cancellation fee of the gross Booking Fee excluding the deposit, being an amount equal to the minimum number of persons required for Your chosen Event package times the per head cost of Your chosen Event package, less the deposit already paid; and
(ii)any unavoidable third party service provider fees incurred by Us pertaining to Your Event. This may be up to 100% of the gross cost of Your Event.
(c)Fees may also apply where a Booking is changed or vouchers are reissued at any stage following the payment of Your Booking deposit, which will be discussed with You by at the time of the requested change.
(d)In the Event where We decide that a refund is required, We will repay the Booking Fee within fourteen (14) days of receiving these funds from the supplier involved.
(e) In order to process any refund that We deem due from Us to You, we require Your full name and address details, (including physical house or unit address, street (etc) state and postcode - P.O Boxes are not accepted), bank account name, BSB and account number, as well as any confirmations, acknowledgments and participation in instructions given to you by us as a condition of your refund.
Event Documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, non-transferable and subject to cancellation and/or amendment fees. All Activity tickets must be issued in the name of the photo identity holder. Some Event service providers will deny carriage or supply of services if the name varies and the Booking may be cancelled or the Group member may be denied entry or participation in the Activity. It is Your responsibility to collect all Event Documents from Us prior to your Event. Please note that some Venues require proof of identity for admission. You will be notified if this is the case in Your Event Documentation.
8.My Ultimate Package Event
(a)You agree to make Us aware of any known medical conditions which may impact on Your or Your Group member’s ability to participate in any Activities or the Event.
(b)We will always pass on any dietary requirements of You and Your Group members that You disclose to Us to the relevant suppliers for the Event. Our suppliers (and their chefs) make every attempt to identify ingredients that may cause allergic reactions for those with food allergies. While every effort is made to prevent contamination, there is always a possible risk of contamination. You and Your Group members concerned with food allergies need to be aware of this possible risk. Group members with food allergies must contact the supplier directly to ensure accurate details are passed on for their own peace of mind and to seek any additional information and/or support they may need.
(c)You must comply, and ensure that Your Group members comply, with the Venue’s conditions of participation, if any, including paying a bond, if required, by a supplier.
(d)We reserve the right to refuse You and Your Group members from participating in the Event at any time where We have a genuine concern for Your safety, Your Group or any other person.
(e)Events may be subject to conditions, such as the weather. We may reschedule or cancel an Event or change the included Activities at any time where We have a genuine safety concern for any person.
(a)You agree to potentially having Your and Your Group’s photo or video footage taken for social media purposes, the intellectual property in which We or Our Parties will own upon creation.
(b)By providing photos or written reviews to My Ultimate, you grant the company the right to use, reproduce, modify, distribute, and publicly display those photos for marketing and promotional purposes, both online and offline. This includes, but is not limited to, using the photos on the My Ultimate's websites, social media profiles, advertisements, and other marketing materials.
10.Loss and damage
(a)You must notify Us of any loss or damage to the Venue at the earliest opportunity.
(b)To the maximum extent permitted by law, We will not be liable for any loss or damage to merchandise, personal effects or articles or other property left on the Venue by You, or Your Parties, whether before, after or during the Event and indemnify Us against same.
(a)You must ensure that You and Your Group act in a responsible and lawful manner at all times. You must comply with, and You must ensure that Your Parties comply with, Our and the Venue operator’s directions while on, or about the Venue, and with any applicable covid-19, or other virus, social distancing laws.
(b)You must, and must ensure that Your Group, adheres to any and all warnings or directions provided by Us or the Venue operator as to safety, whether written or verbal. You must not, and must ensure that Your Group does not, venture or go into any areas of the Venue designated by Us or the Venue operator as prohibited areas.
(c)We reserve the right to exclude or eject You or Your Parties from the Venue without liability if in Our opinion such person is dangerously drunk or under the influence of illegal drugs or is acting in a manner that is offensive, abusive, dangerous, violent or threatening, or in breach of this Agreement. Where We or the Venue operator incurs additional costs in excluding or ejecting any such person (such as transportation and out-of-hours staffing costs), You will pay us those additional costs incurred on demand.
(d)You must not bring onto the Venue or consume any illegal drugs.
(e)We are proud of Our reputation as a direct result of Our hard work and it is important for small companies or corporate identities to protect their business reputation. If You or Your Group disparage or defame us, we take this seriously and reserve Our rights to take action under applicable defamation laws.
(f)Please note that workplaces have a duty of care to prevent harm (both emotional and physical) to workers and We are committed to supporting Our staff to disclose abusive and threatening phone calls resulting in unsatisfied clients and staff. We are committed to a high performing workforce and to providing safe and supportive work environments where diversity is valued and everyone is treated with respect, fairness and dignity.
(g)It is Our policy when dealing with exasperated and non-positive clientele to try and resolve the issue amicably. Please note that We have adopted a zero-tolerance policy in order to prevent verbal and emotional abusive behaviour, insults, threats and profanities towards Our staff. Any unsavoury or untoward behaviour or communication with Our staff or suppliers will not be tolerated and may result in cancellation of Your Booking.
(a)We are not liable to You and Your Group for any delay or failure to perform Our obligations under this Agreement to the extent caused by an Unforeseen Event.
(b)If an Unforeseen Event occurs, We may suspend or terminate this Agreement (and cancel the Event) by written notice to You. If We suspend or postpone your Event due to an Unforeseen Event, We will not provide a refund and the Event will be re-scheduled on the same terms as Your original Booking to the extent possible and subject to availability.
(c)You acknowledge and agree that any amount to be refunded to You under this Agreement will be refunded to the debit or credit card used to make the applicable payment.
13.Exclusion of warranties and limitation of liability
(a)My Ultimate Pty Ltd does not accept any liability for the acts, omissions or default, whether negligent or otherwise, of Our third party service providers, such as Venue operators and their staff.
(b)To the extent permitted by law, this Agreement does not include by implication any other term, condition or warranty in respect of the quality, acceptability, fitness for purpose, condition, description or performance of the Services to be supplied to You or any contractual remedy for their failure.
(c)Our Services come with guarantees that cannot be excluded under the ACL. For major failures with the Services, You are entitled:
(i)to cancel Your Services contract with Us; and
(ii)to a refund for the unused portion, or to compensation for its reduced value.
(d)You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
(e)If the failure does not amount to a major failure, You are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel Your contract and obtain a refund for the unused portion of the contract.
(f)Despite anything to the contrary, to the maximum extent permitted by law:
(i)We are not liable for any indirect or consequential losses or expenses suffered by You, Your Parties or any third party howsoever caused, nor for any real or anticipated loss, loss of benefit, loss of reputation, loss of use, any lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
(ii)any liability We have under this Agreement will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of You; and
(iii)the aggregate liability which applies to Us for any liability arising from or in connection with this Agreement will be limited to Us resupplying the Services to You or, in Our sole discretion, to Us repaying You the amount of the Booking Fee paid by You to Us in respect of the supply of the relevant Services to which the liability relates.
(g)You acknowledge and agree that:
(i)You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Us in relation to the Services or their use or application;
(ii)You have the sole responsibility for satisfying yourself that the Services are suitable for Your and Your Group’s use; and
(iii)My Ultimate may use images and visuals for advertising and promotional purposes on its website, marketing materials, and other platforms. It is noted that these images are provided for illustrative purposes only and may not always accurately represent the actual products, services, or experiences offered by My Ultimate. Images and visuals used for advertising purposes are intended to showcase the general features, attributes, or potential outcomes of the products, services, or experiences, but variations may exist in the actual offerings. While My Ultimate strives to provide accurate and up-to-date images, users should not solely rely on these visuals when making purchasing decisions or forming expectations about the products, services, or experiences.
(iv)Any information either published on the website or verbally provided that may be perceived as advice is for informational purposes only and should not be considered as professional advice. We do not guarantee the accuracy, completeness, or usefulness of any advice provided. Users are encouraged to seek professional advice for their specific situations and consider their personal circumstances.
(v)You are responsible for You and Your Group's own decisions and actions based on the advice received through My Ultimate. We are not liable for any damages or losses resulting from the use of the advice published online or verbally provided.
14.Access to the Venue
It is Your responsibility to check weather reports regarding access to the Venue, including any road closures.
15.Your assumption of risk, release and indemnity
(a)You and Your Group’s use of the Venue and participation in the Event is entirely at Your and Your Group’s own risk. You assume full and complete responsibility and liability for any injury or accident, including contracting the corona virus, or any other virus, which may occur during the Event, while You and Your Group are on the Venue or while You and Your Group are travelling on, to or from the Venue, or participating in the Event. You are liable for any property damage caused by You or Your Group during an Event.
(b)To the maximum extent permitted by law, You indemnify Us and Our Parties from and against:
(i)any claim, loss, liability, charge, cost or expense, including property damage, caused or contributed to from any negligence, act or omission of You or Your Parties;
(ii)any claim, demand, suit, action or proceedings arising in connection with the death or injury to You or any member of Your Parties or for property damage or destruction suffered by You or Your Parties occurring on or about the Venue or otherwise in connection with the Event caused by You or Your Parties;
(iii)any claim, demand, suit, action or proceedings arising in connection with the death or injury to You or any member of Your Group suffered by You or Your Group occurring on or about the Venue or otherwise in connection with the Event caused by the corona virus, or any other virus; and
(iv)all loss or liability suffered or incurred by Us or any of Our Parties arising in connection with Your breach of any of the terms of this Agreement, or Your and Your Parties’ failure to follow Our or the Venue operator’s directions made in good faith as to the safety or wellbeing of You or Your Parties.
(v)any claims, actions, demands, or liabilities arising out of or related to your use of any information or advice published on the website or provided verbally. This includes any third-party claims.
(a)This Agreement is governed by the laws of the jurisdiction in which the Event is held.
(b)Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland and any courts which have jurisdiction to hear appeals from any of those courts in respect of any proceedings in connection with this Agreement.
(c)Each party waives any right it has to object to an action being brought in the courts of Queensland and any courts which have jurisdiction to hear appeals from any of those courts in respect of any proceedings in connection with this Agreement including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.
(d)A notice, demand, approval or communication under this Agreement must be given either by hand delivery, registered post or email to the address specified on the Booking Form (in the case of You) or Our Website in the "Contact” section (in the case of Us). Any demands, service of proceedings, or notice of termination will be deemed received at the time of delivery. All other approvals or communications under this Agreement will be deemed received upon sending, except in the case of technical error.
(e)We may exercise Our rights at any time and do not waive those even if We:
(i)previously waived a breach or default of all or part of the same or other provision; or
(ii)delayed or omitted to exercise its rights.
(f)A waiver by Us is only effective:
(i)if it is signed by Us; and
(ii)to the extent set out in the waiver.
(g)If a provision (or part of it) is held to be unenforceable or invalid and cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then:
(i)the provision (or part of it) must be severed from this Agreement; and
(ii)the remaining provisions (and remaining part of the provision) are valid and enforceable.
(h)The indemnities in this Agreement are continuing obligations, independent of any other obligations under this Agreement. It is not necessary for Us to incur expense or make payment before We enforce a right of indemnity under this Agreement. Where an indemnity is given in favour of Us and Our Parties, it is given jointly and severally.
(i)You must not assign or otherwise transfer or attempt to assign any right or obligation under this Agreement without Our prior written consent. We may assign or transfer any right or obligation under this Agreement without Your consent.
(j)You must do whatever is necessary to give full effect to this Agreement. This may include executing a document or carrying out an act.
(k)This Agreement binds and benefits the parties and their respective legal personal representatives, successors and permitted assigns.
(l)Where You comprise more than one person then Your obligations under this Agreement are joint and several.
(m)This Agreement and any Waiver which We may require You to sign, constitute the entire agreement between You and Us in relation to their subject matter. Any prior arrangements, agreements, representations or undertakings are superseded and replaced by this Agreement.