Terms of Service

Last Updated: December 1, 2024‎

1. TERMS AND CONDITIONS OF USE

By using this site you to agree to these Terms and Conditions, you agree to enter into a legally binding agreement made between you, whether personally or on behalf of an entity ("you", “Buyer”), and selected party store concerning your access to and use of the HeliumTanks4Rent.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Visitors who use information contained on the Site or make decisions based on such information do so at their own risk. These Terms and Conditions of Use may not be modified, supplemented, or qualified except in writing signed by you and HeliumTanks4Rent.com. The failure of HeliumTanks4Rent.com to enforce at any time any of the provisions in these Terms and Conditions of Use will in no way be construed as a waiver of such provisions. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement with such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. ORDERS 

Buyer will request order for products and services through HeliumTanks4Rent.com online system located at the uniform resource locator. These Terms apply to all orders for products and services through this site. Upon ordering, you agree to pick up the items on the selected day.

3. PRODUCTS

We make every effort to accurately display the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the products' colors, specifications, and details will be accurate, complete, reliable, current, or free of other errors. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change without notice. Final pricing is determined by the location selected. The location selected is a separate company from HeliumTanks4Rent.com (“authorized representative”).

4. RENTAL AGREEMENT

For rent orders, the period of hire is 3 days (rental length may vary by location). The period of hire commences when the equipment passes from the possession of HeliumTanks4Rent.com or its authorized representative to you, and the payment by you or your representative or purported representative shall be conclusive proof of the acceptance of these Term and Conditions of hire. The period of hire shall continue until possession of the equipment passes back to selected party store supplier or its authorized representative but without prejudice to any outstanding obligations of the Buyer which under the provisions of these Terms continue notwithstanding the return of the equipment to the same place the order was picked up. Failure to return the tanks, its safety cap and/or regulators to supplier or its authorized representative within or at the end of the period of hire shall result in the Buyer paying supplier their established late fees or lost equipment charges. You authorize us to charge your provided card for any late fees, unreturned item fees, or damaged item fees that may apply. After a week, if the equipment is not returned you authorize the seller to charge your card the full cost of the equipment. The equipment on hire shall remain the absolute property of the party store or its authorized representative. It is the responsibility of the Buyer to satisfy himself that upon receipt of the equipment, it is in good working order and in undamaged condition, and the helium tank is at the appropriate pressure to constitute a full tank. Buyer’s possession of the helium tank and regulator shall be conclusive evidence that the Buyer has received the equipment in good working order and undamaged condition. HeliumTanks4Rent.com or its representative will not be responsible for any defects or deficiencies in the equipment after Buyer accepts the equipment and leaves the store. HeliumTanks4Rent.com or its representative does not warrant that the equipment is suitable for the particular or any purpose for which it is or may be required. The Buyer shall not permit children 17 years or younger to operate the equipment. The Buyer shall not take or permit to be taken the equipment out of the State of Texas nor use or permit it to be used for any abnormal or hazardous assignments without the prior written consent of the party store. Throughout the period of hire the Buyer shall be responsible for the safe keeping of the equipment and shall be liable to the party store where the tank was leased or its authorized representative for all loss of or damage to the equipment howsoever caused. The Buyer shall not carry out any repairs to damaged equipment without prior written authority of the party store which owns the equipment.

5. PURCHASES AND PAYMENT 

Sales tax will be added to the price of purchases as deemed required by us. All prices presented on this site are subject to change at any time and without notice. All payments shall be in USD. You agree to pay all charges then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon picking up your order. You also authorize us to charge the card you provided if and when any late fee, unreturned item fee, or damaged product fee may apply. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per order.

6. REFUNDS

HeliumTanks4Rent.com and its party store helium partner as a general no refund policy, but may investigate and deal with situations and their respective orders on a “case by case” basis at our discretion. All refunds are subject to a restocking fee No refund will be given for any helium left in the tank.

8. WARRANTIES AND DISCLAIMERS 

All information appearing on our Site is provided “as-is” and without warranties of any kind concerning its correctness, accuracy, reliability, or otherwise. HeliumTanks4Rent.com and its authorized representative provide no warranty on regulators purchased through us. HeliumTanks4Rent.com does not warrant that the operation of our Site will be uninterrupted or free from errors, that defects will be corrected, or that our Site and its servers are free of viruses or other harmful components. Users who utilize information on our Site and make decisions based on it do so at their own risk.

9. LIMITATION OF LIABILITY 

In no event will we or our directors, employees, agents, or representatives, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lose profit, lost revenue, loss of data, or other damages arising from your use of our products or of our Site, even if we have been advised of the possibility of such damages. Helium Tank’s liability with respect to any product or service sold hereunder shall in no event exceed the price paid by you for such product or service. 

10. INDEMNITY 

You agree to indemnify, defend, and hold harmless the company and owner of HeliumTanks4Rent.com and its employees, agents, and directors, and its authorized representatives from any suits, losses, claims, demands, liabilities, costs and expenses that the company or its authorized representatives may sustain or incur arising from (a) your use of the products (including without limitation, storage, handling, and transportation of products); (b) use of the products by a third party with your authorization; (c) use of the products by a third party without your authorization, where such unauthorized use is due to your negligent act or omission, or willful misconduct; (d) your failure to comply with any applicable laws and regulations, or (e) your breach of any of the obligations set forth in these Terms. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

11. ELECTRONIC COMMUNICATION

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.

12. GENERAL

These terms constitute the entire agreement between you and the party store partner or its authorized representative and supersede all prior communications, representations, and agreements, whether written or oral, between you and HeliumTanks4Rent.com or its authorized representative with respect to the subject matter hereof. HeliumTanks4rent.com reserves the right to modify any services, products, or information contained on our Site without prior notice to you. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by you and HeliumTanks4Rent.com. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
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