a) These terms and conditions (Terms) govern all receipt and or purchase of products, services and benefits (Products) from WOW Club Limited (ACN 164 676 242) (WOW CLUB) including from its website (the WOW CLUB website) which is currently located at www.WOW Club.org.au.
b) These Terms prevail over any other inconsistent terms in other WOW CLUB documents.
c) You are taken to have accepted these Terms by ordering Products from us, making any payment or performing any of these Terms.
2 Supply of Products
a) Products may only be sold to current WOW CLUB members who have a valid and current WOW CLUB user identification number and password (WOW CLUB Member).
b) You warrant and agree that: i. by placing an order with WOW CLUB you are an WOW CLUB Member; ii. all Products purchased from WOW CLUB are solely for personal, household or domestic use and not for resale or any other purpose; iii. you will keep your password and account details secure; and iv. you are solely responsible for all activities that occur on your online account on the WOW CLUB website.
c) Unless indicated to the contrary: i. WOW CLUB is not the provider of the Products that you purchase from them and is instead, merely an authorised reseller (other than WOW CLUB produced vouchers).
d) WOW CLUB, at its sole discretion, may place certain restrictions on the assignment and transfer of Products to non-WOW CLUB Members
a) You agree and acknowledge that some Products are offered and purchased directly from the relevant provider ('Providers'). In those circumstances: i. it is the Providers (and not WOW CLUB) who are responsible for providing the Products and any associated warranties and guarantees (if any). ii. 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 iii. WOW CLUB will use its reasonable endeavours to assist you in resolving issues with Providers (such as cancelled events); however, WOW CLUB will not be a party to or responsible in any way for monitoring or resolving those issues.
b) 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.
c) 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.
d) WOW CLUB is not responsible for any inaccuracies or errors in the information supplied by Providers or changes made to Products by Providers.
4 Ordering and Purchasing
a) WOW CLUB's promotion of Products is only an invitation to treat and does not itself constitute an offer to sell or guarantee the availability of the Products.
b) Any orders for Products (Orders) are offers to purchase the particular Product pursuant to these Terms together with any Providers' terms and conditions (as the case maybe) and at the price specified at the time of the Order.
c) 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 Order.
d) WOW CLUB reserves the right to accept or reject an 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 Order.
e) If a Product is cancelled then, to the extent permitted by the law, you have no claim against WOW CLUB for any damage, loss, cost or expense arising from such a cancellation and WOW CLUB is only liable to refund the funds received for purchase of the Product.
f) You agree and acknowledge that you are liable for any Order made by persons who provide your valid and current WOW CLUB user identification number and password.
5 Restrictions on Products and number of Products purchased
a) 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.
b) By placing an Order, you warrant to WOW CLUB 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.
c) At its sole discretion, WOW CLUB may make such further enquiries necessary to ensure that the supply of the restricted product will not contravene any applicable laws.
d) WOW CLUB may restrict the number of products that can be purchased by you.
a) The costs of delivering Products are charged separately and in addition to the purchase price. Delivery costs are calculated at the time of purchase.
b) In circumstances where you have nominated to: i. have the Products delivered to a specified address, delivery occurs when the Products arrive at that address; or ii. collect the Products in person, then, delivery occurs when you are notified by WOW CLUB that the Products are ready for collection.
c) WOW CLUB 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.
d) Products are sent uninsured to the address provided by you. and WOW CLUB takes no responsibility for Products lost in transit
7 Price and GST
a) 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)).
b) Prices are current at the time of display but are subject to change.
a) Products will not be dispatched until paid for in full to either WOW CLUB or the Provider.
b) Products must be paid for online through the WOW CLUB Website or a Provider's secure payment site (as the case may be);
c) If valid and full payment is not received within the time period stipulated by WOW CLUB then the Order may be cancelled.
9 Risk and Title
a) Risk in the Products passes to you when delivery occurs pursuant to clause 6 or when the Products are in your custody, whichever is the first.
b) Title in the Products passes when full payment is received by WOW CLUB.
Subject to clause 12, if there is any discrepancy between Products ordered and Products delivered, you must provide full details of the discrepancy to WOW CLUB as soon as possible and not later than 7 days from the date of delivery, otherwise the Order will be deemed to have been accepted and delivered correctly in all respects.
11 Cancellation and Refunds
11.1 Cancellation of an Order a) Once payment is received (as set out in clause 8) you cannot cancel an Order or return any Products unless WOW CLUB first agrees to do so in writing.
b) WOW CLUB may cancel any Order in whole or in part by notice to you without any liability or claims against WOW CLUB, in circumstances which include but are not limited to the following: i. the requested Products are not available; ii. there is an error in the price of the description of the Product; or iii. the Order has been placed in breach of these terms and conditions. 11.2 No claim if Provider cancels Products Subject to the extent permitted by law, you have no claim against WOW CLUB for any damage, loss, cost or expense arising from cancellation of Products by the Provider. 11.3 No Refunds WOW CLUB does not offer refunds where you change your mind in relation to the purchase of a Product.
12 Limitation of liability and indemnity
a) WOW CLUB acknowledges that: i. 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 Terms ("Non-Excluded Guarantees"). ii. nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
b) WOW CLUB makes no warranties or other representations except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees. WOW CLUB's liability in respect of these warranties is limited to the fullest extent permitted by law.
c) Subject to this clause 12 and so far as may be permitted by law, the liability of WOW CLUB 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 WOW CLUB's option: i. the replacement of the Products or the supply of equivalent Products; ii. the payment of the cost of replacing the Products or of acquiring equivalent Products; iii. the repair of the Products; or iv. the payment of the cost of having the Products repaired.
d) Subject to this clause 12 and so far as may be permitted by law, if a failure of WOW CLUB 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, WOW CLUB is not liable for loss or damage that results from a failure of WOW CLUB 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 WOW CLUB.
e) In circumstances where the Non-Excluded Guarantees do not apply, WOW CLUB, 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 WOW CLUB, its employees and/or agents or the Provider.
f) Subject to this clause 12 and to the extent permitted by law, you acknowledge that you do not rely on the skill or judgment of WOW CLUB when deciding whether or not the Products are fit for any particular purpose.
13 Governing law and jurisdiction
a) These terms of sale are governed by the law in force in the State of Victoria.
b) 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) A right of WOW CLUB may only be waived in writing and signed by WOW CLUB.
b) No other conduct of WOW CLUB (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.
c) A waiver of a right by WOW CLUB on one or more occasions does not operate as a waiver of that right if it arises again.
d) The exercise of a right by WOW CLUB does not prevent any further exercise of that right or of any other right.
Any provision of these 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. 15 Variation WOW CLUB is entitled to vary these Terms at any time by giving you 7 days' written notice.
1 What the WOW CLUB Website does 1.1 The purpose of this website http://www.WOW Club.org.au (Website) is to provide WOW CLUB members with discounts in relation to the sale of goods and services including leisure & entertainment, online shopping, shopping & vouchers, home & lifestyle, dining & fast food, health & beauty, travel & accommodation and automotive (the WOW CLUB services).
4 Technical information and Security 4.1 The transmission of data over the internet is not always secure. Although we endeavour to secure this Website, we are not liable for any breaches of security and you use this Website entirely at your own risk. 4.2 We do not warrant that functions available on this Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control. 4.3 Your ability to access our Website will depend on factors out of our control and we do not take any responsibility or provide any warranties that this Website will be accessible through all web borrowers or that it will be accessible at all times. 4.4 You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
5 Intellectual Property 5.1 This Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things. You should assume that intellectual property on this Website is owned by WOW CLUB or third parties and 5.2 unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.
6 Suspension or Termination of Access 6.1 We reserve the right to suspend or terminate your account or access to our Website at our sole discretion if we believe that you have breached these Terms. 6.2 When that happens, we will endeavour to notify you of the breach and ways in which you can remedy them.
7 No Circumvention 7.1 Where we have suspended or terminated your account or access to our Website, you must not attempt to circumvent this action by registering or attempting to register on our Website under alternative username(s).
9 Comments 9.1 You may provide comments, feedback, ideas or suggestions through the Contact Us section of the WOW CLUB Website (Comments). Some WOW CLUB Services also allow you to upload and share information with others (also considered as Comments for the purposes of these Terms). By uploading, transmitting, posting or otherwise making available any Comments you: • grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and/or exploit such Comments for any commercial or non-commercial purpose; • warrant that in providing your Comments will not have breached any laws or regulations or these Terms; and • you give your unconditional and irrevocable consent to any act by us which would otherwise, but for your consent, infringe your moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Comments. 9.2 We reserve the right (but have no obligation) to: • prevent the upload, transmission, posting or otherwise making available any Comment from a user of the WOW CLUB Website or any WOW CLUB Services; • review, modify, reformat, reject or remove any Comments uploaded, posted, transmitted or otherwise made available through the WOW CLUB Website that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and • monitor the use of the WOW CLUB Website, and store or disclose any information that we collect, including in order to investigate compliance with these Terms or for the purposes of any police investigation or governmental request. 9.3 You agree to accept full responsibility for any Comment you upload, post, transmit or otherwise make available on the WOW CLUB Website and you agree that we will not be liable for any such Comment uploaded, posted, transmitted or otherwise made available on the WOW CLUB Website. 9.4 You must not post Comments containing links or references to other services. 9.5 By allowing you to upload, post, transmit or otherwise make available your Comments on the WOW CLUB Website, we are not to be taken as having endorsed any opinion, advice or statement made by you.
10 Disclaimers 10.1 While we endeavour to ensure the accuracy and completeness of the information contained on this Website, that information may contain errors and omissions and is liable to change. To the extent permitted by law, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any of the material on this Website (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material) or in relation to any material of a third party website.
11 Our liability 11.1 Except to the extent required by law, the contents of this Website are provided without any express or implied representations or warranties. We exclude all implied conditions and warranties relating to the content of this Website to the extent permitted by law. Where liability cannot be excluded any liability incurred by us in relation to the use of this Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth). 11.2 Subject to clause 11.1, you agree that WOW CLUB and its committee of management, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss, or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of this Website or any other third party linked website. 11.3 Subject to clause 11.1, under no circumstances will we be liable for any direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of this Website. 11.4 Subject to clause 11.1, we are not responsible to you or anyone else for any loss suffered in connection with the use of this Website, any of its contents, for any loss incurred as a result of damage to your or another person's computer system or the transmission of any computer viruses. 11.5 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these terms or of any other legal obligation by you or your use of or conduct on the Website.
13 General 13.1 These Terms are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere on this Website including without limitation our "Social Media House Rules" available at https://www.facebook.com/awe/app_412200998791694 and must be interpreted accordingly. 13.2 These terms may be varied from time to time and without notice to you. Please ensure that you review these terms regularly as you will be deemed to have accepted a variation if you continue to use the Website after a variation to the terms has been posted. 13.3 If any part of these terms are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of these terms shall continue in full force and effect. 13.4 No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms. 13.5 Information on this site is provided for Australian residents only. 13.6 The Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit the jurisdiction of those courts.
For further information on using this site, please contact: WOW CLUB 522 Wellington Road MULGRAVE VIC 3170 T: 1300 796 293 W: www.WOWClub.org.au