Store Order terms and conditions
These terms and conditions (“Store Order Terms”) govern all orders to purchase products, services and benefits (“Products”), by store managers of Woolworths Limited (or another authorised person) (“You/you”), from WOW Club Limited (ACN 164 676 242) (“PlusClub”).
You are taken to have accepted these Store Order Terms by ordering Products from us, making any payment or performing any of these Terms.
Supply of Products
You may order Products, on behalf of your store, for the purpose of rewarding and/or engaging your employees (“Store Order”).
You may place a Store Order by:
submitting a physical order form (in the form provided by PlusClub from time to time) by fax to 02 888 0555;
completing an online form on the Store Portal accessible through the Website.
You will be given a unique account with username and password (“Account”) to log in to the store portal (“Store Portal”) accessible through the PlusClub website located at www.wowclub.org.au (“Website”).
Once you make a Store Order, you will receive email confirmation. If you did not make/authorise the Store Order you must notify PlusClub in writing as soon as possible and PlusClub will issue you a new password. If notification is given within 24 hours, PlusClub will endeavour to cancel unauthorised Store Orders.
You warrant and agree that:
you will keep your Account secure; and
you are solely responsible for all activities that occur through your Account.
You acknowledge that:
PlusClub is not responsible for any misuse of your Account.
access to the Store Portal is strictly for store use only.
Store Orders may be made for the benefit of both PlusClub members and non-member employees.
unless indicated to the contrary PlusClub is not the provider of the Products that you purchase from them and is instead, merely an authorised reseller (other than PlusClub produced vouchers).
WOW Club Kindness
Store Orders made under the WOW Club Kindness Complimentary Service (“Kindness Program”) will:
be free of charge, for PlusClub members; and
attract a fee, for non-member employees.
You agree and acknowledge that some Products are offered and purchased directly from the relevant provider (”Providers”). In those circumstances:
it is the Providers (and not PlusClub) who are responsible for providing the Products and any associated warranties and guarantees (if any);
your purchase may be governed by the Providers' terms and conditions and you must make your own enquires as to the suitability of those terms; and
PlusClub will use its reasonable endeavours to assist you in resolving issues with Providers (such as cancelled events); however, PlusClub will not be a party to or responsible in any way for monitoring or resolving those issues.
Products in the form of vouchers are only redeemable for the specified goods and/or service offered and shall only be available for the redemption period stated on that voucher or Product.
Some Products may be of an inherently risky or dangerous nature or require specific skills or qualifications by participants. It is your sole responsibility to make your own enquires as to the suitability of the Products, the risks involved and any insurances necessary prior to purchasing or utilising the Products or making them available to employees of your store.
PlusClub is not responsible for any inaccuracies or errors in the information supplied by Providers or changes made to Products by Providers.
Ordering and Purchasing
PlusClub's promotion of Products is an invitation to treat and does not itself constitute an offer to sell or guarantee the availability of the Products.
Store Orders are offers to purchase the particular Product, at the price specified at the time of the Store Order, pursuant to these Store Order Terms together with any Providers' terms and conditions (as the case maybe).
You are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to enable performance of the Store Order.
PlusClub reserves the right to accept or reject a Store Order for any reason (in their sole discretion) including without limitation where the requested Product is not available or there is an error in the price or description of the Store Order.
If a Product is cancelled then, to the extent permitted by the law, you have no claim against PlusClub for any damage, loss, cost or expense arising from such a cancellation and PlusClub is only liable to refund the funds received for purchase of the Product.
You agree and acknowledge that you are liable for any Store Order made by someone who logs in to your Account.
Restrictions on Products and number of Products purchased
From time to time there may be Products which are classified as "restricted products”. Generally, these are Products which may not be supplied to persons under the age of 18.
By placing a Store Order, you warrant to PlusClub that the restricted product is not being acquired for or on behalf of, and is not intended to be supplied to a person who is prohibited from acquiring a restricted product.
At its sole discretion, PlusClub may make such further enquiries necessary to ensure that the supply of the restricted product will not contravene any applicable laws.
PlusClub may restrict the number of products that can be purchased by you.
The costs of delivering Products are charged separately and in addition to the purchase price. Delivery costs are calculated at the time of purchase.
In circumstances where you have nominated to:
have the Products delivered to a specified address, delivery occurs when the Products arrive at that address; or
collect the Products in person, then, delivery occurs when you are notified by PlusClub that the Products are ready for collection.
PlusClub does not warrant that Products will be delivered on time and is not liable for any loss or damage (including any consequential loss or damage) arising from late delivery.
Products are sent uninsured to the address provided by you and PlusClub takes no responsibility for Products lost in transit
Price and GST
All prices are in Australian Dollars unless specified otherwise and are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Prices are current at the time of display but are subject to change.
Products will not be dispatched until paid for in full to either PlusClub or the Provider.
Products must be paid for online through the PlusClub Website or a Provider's secure payment site (as the case may be);
Payment can be made in via:
your corporate credit card (supplied by Woolworths Limited); or
overbanking, whereby PlusClub invoices your store and the value of the Store Order is charged to the relevant cost centre.
If valid and full payment is not received within the time period stipulated by PlusClub then the Store Order may be cancelled.
Risk and Title
Risk in the Products passes to you when delivery occurs pursuant to clause 7 or when the Products are in your custody, whichever occurs first.
Title in the Products passes when full payment is received by PlusClub.
Subject to clause 13, if there is any discrepancy between Products ordered and Products delivered, you must provide full details of the discrepancy to PlusClub as soon as possible and no later than 7 days from the date of delivery (“Notice of Discrepancy”).
If PlusClub does not receive a Notice of Discrepancy within 7 days from the date of delivery, the Store Order will be deemed to have been accepted and delivered correctly in all respects.
Cancellation and Refunds
Cancellation of an Store Order
Once payment is received (as set out in clause 9) you cannot cancel an Store Order or return any Products unless PlusClub agrees in writing.
PlusClub may cancel any Store Order, in whole or in part, by notice to you without any liability or claims against PlusClub, in circumstances which include but are not limited to the following:
the requested Products are not available;
there is an error in the price or the description of the Product; or
the Store Order has been placed in breach of these terms and conditions.
No claim if Provider cancels Products
Subject to the extent permitted by law, you have no claim against PlusClub for any damage, loss, cost or expense arising from cancellation of Products by the Provider.
PlusClub does not offer refunds where you change your mind in relation to the purchase of a Product.
Limitation of liability and indemnity
PlusClub acknowledges that:
under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth), certain statutory expressed and implied guarantees and warranties may be implied into these Store Order Terms ("Non-Excluded Guarantees").
nothing in these Store Order Terms purports to modify or exclude the Non-Excluded Guarantees.
PlusClub makes no warranties or other representations except as expressly set out in these Store Order Terms or the Non-Excluded Guarantees. PlusClub's liability in respect of these warranties is limited to the fullest extent permitted by law.
Subject to this clause 13 and to the extent permitted by law, the liability of PlusClub and its employees and/or agents for a failure (other than a major failure) to comply with a Non-Excluded Guarantee, shall be limited to, at PlusClub's option:
the replacement of the Products or the supply of equivalent Products;
the payment of the cost of replacing the Products or of acquiring equivalent Products;
the repair of the Products; or
the payment of the cost of having the Products repaired.
Subject to this clause 13 and to the extent permitted by law, if a failure of PlusClub to comply with the Non-Excluded Guarantees cannot be remedied or is a major failure, your right to recover damages is limited to the reasonably foreseeable loss or damage suffered as a result of that failure. However, PlusClub is not liable for loss or damage that results from a failure of PlusClub or the Provider to comply with the Non-Excluded Guarantees if that failure was caused independent of human control and occurred after the Products left the control of PlusClub.
In circumstances where the Non-Excluded Guarantees do not apply, PlusClub, its employees and/or agents shall not be liable for any loss or damage (including any consequential loss or damage, which includes, without limitation, loss of profits and loss of revenue) of any kind whatsoever, even if due to the negligence of PlusClub, its employees and/or agents or the Provider.
Subject to this clause 13 and to the extent permitted by law, you acknowledge that you do not rely on the skill or judgment of PlusClub when deciding whether or not the Products are fit for any particular purpose.
Governing law and jurisdiction
These Store Order Terms are governed by the law in force in the State of Victoria.
Each party submits to the non exclusive jurisdiction of the courts exercising jurisdiction in State of Victoria, and any court that may hear appeals from any of those courts, for any proceedings in connection with these terms, and waives any right it might have to claim that those courts are an inconvenient forum.
A right of PlusClub may only be waived in writing and signed by PlusClub.
No other conduct of PlusClub (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.
A waiver of a right by PlusClub on one or more occasions does not operate as a waiver of that right if it arises again.
The exercise of a right by PlusClub does not prevent any further exercise of that right or of any other right.
Any provision of these Store Order Terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of the terms.
PlusClub is entitled to vary these Store Order Terms at any time by giving you 7 days' written notice.