Terms and Conditions – working file

These Terms & Conditions (“Terms”) apply to all bookings with memovox. By confirming your booking, you agree to these terms.

1. Booking & Payment

A booking is confirmed only once a 50% non-refundable deposit of the total booking fee is paid. This deposit secures your date and is non-refundable under any circumstances.

Balance payment: The remaining 50% is due 30 days before your event.

If you book an event within 30 days of the event date, the full amount is payable at the time of booking.

The deposit is separate from the $150 security hold described in Section 6.

2. Delivery & Collection

Delivery and collection are included within 30km of Melbourne CBD (VIC 3000). Locations outside this zone may incur additional fees or may not be serviceable.

Standard delivery is 2 to 3 days before your event date; collection is scheduled for the next business day after your event (unless otherwise agreed). While we cannot always guarantee specific delivery times, we will coordinate with you or your venue to ensure smooth handover.

You are responsible for ensuring access is available at both delivery and collection. If we cannot deliver or collect due to lack of access, a re-delivery/collection fee may apply.

3. Equipment & Inventory

Each memovox kit includes:

  • 1 × memovox phone (fully charged)
  • 1 × signage
  • 1 × stand (for the signage)
  • 1 × storage bag (to hold the kit on the day of your event)
  • Printed inserts such as a script card, welcome card, tips and instructions (these are yours to keep)

Return requirement

The phone, signage, stand, and storage bag must all be returned in good condition.

At collection, the kit will be checked against this list.

4. Use of Equipment

The kit is for event use only and must not be sub-rented, loaned, or altered.

Do not attempt to open, modify, or repair the equipment.

Equipment must be used indoors or in a sheltered area, away from liquids or excessive heat..

Supervision & Duty of Care

You are responsible for the safe use of the equipment during your event.

At events where children are present, you must take reasonable steps to ensure they do not play with, damage, or interfere with the kit.

You are liable for any loss or damage caused by guests, including children.

5. Return of Kit & “Good Condition” Definition

Return-required items. The following items must be returned: 

  • 1 × memovox phone (with SD card inserted)
  • 1 × signage
  • 1 × signage stand
  • 1 × storage bag

Printed inserts (welcome/tips/script) are yours to keep.

Good condition means all return-required items are:

  • Clean and dry (free of liquids, food/drink residue, tape/adhesive, glitter/confetti, ink or candle wax).

  • In full working order (device powers on, records/saves/plays back; buttons and ports function; stand supports signage).

  • Free from damage beyond normal wear and tear (no cracks, dents, bent stand, tears, burns, corrosion, or liquid ingress indicators triggered).

    Normal wear and tear means minor, superficial scuffs from careful handling that do not affect function or the typical appearance at arm’s length.

  • Complete and unmodified (no missing parts, including the SD card, and no stickers, engraving, drilling, or other alterations).

Collection or return by post

Collection: Have the complete kit available at the agreed time/place at the time of your booking. If access isn’t available, a re-collection fee may apply.

Prepaid label option: If you choose our label, you must lodge the kit with Australia Post within 2 business days after your event and retain/provide the lodgement receipt (with tracking number).

Risk of loss transfers back to memovox when Australia Post scans the parcel as lodged. If you use your own carrier, risk transfers only when we receive the kit.

Late & non-return

Returns/lodgements after the deadlines above may delay release of the $150 hold and may incur a reasonable late fee (see our current fee schedule).

If the kit is not collected/returned within 7 days of the scheduled return date and no extension is agreed, we may treat it as non-return/loss and charge the reasonable replacement cost under Section 6.

6. Security Hold, Loss & Damage

A $150 security hold will be placed on your nominated card at booking. This is a pre-authorisation only and will be released once the kit is returned in good condition (see Section 5).

Missing, damaged, or dirty items

If any return-required item is missing, damaged, or returned in a condition requiring extra cleaning, we may deduct the reasonable cost of repair, replacement, or cleaning from the hold.

If costs exceed $150, we will invoice you for the balance. Invoices must be paid within 7 days of issue.

Non-return

If the kit (or any item) is not returned within 7 days of the scheduled return date and no extension has been agreed in writing, we may treat it as lost and charge the reasonable replacement value.

Recovery of costs

If you do not pay an invoice when due, we may take reasonable steps to recover the debt, including engaging debt collection services or court action. You will be liable for any reasonable recovery costs incurred.

7. Recordings, Data & Privacy

Ownership

All recordings made on the device belong to you. memovox has no right to use or publish them unless agreed upon.

Transfer

We will provide you with digital copies of your recordings (via secure download link or other agreed method) within 3 business days of receiving the kit back.

Backup & deletion

We may retain a secure backup of your recordings for up to 14 days after transfer in case recovery is required. After this period, recordings are permanently deleted.

Privacy

We do not access, share, or use your recordings for any purpose other than providing you with your files, except where required by law.

Limitations & responsibility

Recordings depend on how guests use the device. You are responsible for ensuring guests hang up after each message, do not tamper with the phone or SD card, and follow the provided instructions.

Audio quality may be affected by venue conditions (e.g. background music, noise) or guest behaviour (e.g. speaking softly).

While we take care in handling and transferring recordings, we cannot guarantee against partial loss, corruption, or reduced quality caused by misuse, venue conditions, or technical issues outside our control.

8. Cancellations & Refunds

Cancellation

If you cancel more than 30 days before your event, we will refund any balance paid (if already received), but the 50% deposit will be retained.

If you cancel within 30 days of your event (including where full payment was made at booking), all amounts paid are non-refundable. We may allow a one-time reschedule within 12 months, subject to availability.

Reschedules

One reschedule is permitted without charge if requested at least 30 days before the event.

Rescheduled bookings must take place within 12 months of the original date.

Further reschedules may incur a fee.

Our cancellation

If we are unable to provide the service for reasons within our control, you will receive a full refund of all amounts paid, including the deposit.

If we cannot fulfil the booking due to circumstances beyond our reasonable control (e.g. natural disaster, transport disruption, government restrictions), we may offer a refund, credit, or reschedule at our discretion.

Liability

Our liability for cancellations is limited to the total amount you paid for your booking.

9. Liability & Risk

memovox is not liable for:

Loss, corruption, or reduced quality of recordings due to guest misuse, children, third parties (including venue staff or contractors), or environmental conditions outside our control (e.g. background noise, liquids, power supply, placement near speakers).

Personal injury or property damage arising from the use of the kit, including accidents involving guests or venue property.

Indirect, special, or consequential losses, including emotional distress, reputational harm, or loss of enjoyment.

Liability cap

To the extent permitted by law, our total liability for lost, corrupted, or unusable recordings (or any other claim, whether in contract, tort, negligence, misrepresentation, or otherwise) is limited to the total amount paid for your booking.

Indemnity

You agree to indemnify us against any claims, costs, or damages arising from misuse of the kit by you, your guests, children, or third parties at your event, except to the extent caused by our negligence.

Australian Consumer Law (ACL)

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the ACL. Where our services are not of a kind ordinarily acquired for personal, domestic, or household use, our liability for a breach of a consumer guarantee is limited, at our option, to: (a) supplying the services again, or (b) paying the cost of having the services supplied again.

10. Force Majeure

We are not liable for delays or non-performance caused by events beyond our reasonable control (including natural disasters, pandemics, transport disruptions, venue restrictions, or government orders). If your event is cancelled due to such an event, we will offer a reschedule or refund, at our discretion.

11. Dispute Resolution

Before commencing legal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct negotiation.

12. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the Victorian courts.

13. Contact

For questions, please contact:

memovox
Email: hello@memovox.com.au