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Terms and Conditions

ACCESS TO PLUSCLUB - TERMS & CONDITIONS

1.         General

(a)           These terms and conditions (Terms) govern all receipt and/or purchase of products, services and benefits (Benefits) from PlusClub including from its website (the PlusClub website) which is currently located at https://www.wowclub.org.au/

(b)          Existing Members are bound by the terms of the PlusClub Constitution.

(c)           You are taken to have accepted these Terms by ordering Benefits from us, making any payment or performing any of these Terms.

2.         Applying to access to Benefits

(a)           You may apply to access Benefits if you are a current employee of a Woolworths Entity.

(b)          On receipt of your application, PlusClub will verify your employment the relevant Woolworths Entity (as applicable).

(c)           You acknowledge and agree that submission of an application form in accordance with clause 2 constitutes your consent to PlusClub contacting the relevant Woolworths Entity for the purposes of verifying your employment.

(d)          PlusClub will notify you whether your application is successful as soon as is practicable.

(e)          Notwithstanding anything else in these terms, PlusClub may refuse an application if, in PlusClub’s reasonable opinion, the applicant is not suitable.

3.         Access to Benefits

(a)           To access Benefits, you must either be:

(i)            an existing WOW CLUB member (Existing Member); or

(ii)           an eligible Woolworths team member who applied to receive access to Benefits on or after 1 August 2018 (New Recipients),

who has a valid and current PlusClub user identification number and password.

(b)          To obtain a user identification number and password you must sign up by visiting https://www.wowclub.org.au/customer/account/create/

(c)           PlusClub reserves the right to withdraw your access to the Benefits if you no longer meet the eligibility requirements relevant to you being a:

(i)            Existing Member; or

(ii)           New Recipient,

(for example, your access will be withdrawn if you cease employment with the relevant Woolworths Entity).

(d)          PlusClub will notify you if your access is being withdrawn under clause 2(c) and the reason for such withdrawal.

(e)          PlusClub may suspend you from receiving Benefits, where it is of the opinion that you have:

(i)            persistently refused or neglected to comply with a provision or provisions of these terms; or

(ii)           persistently and wilfully acted in a manner prejudicial to the interests of PlusClub.

(f)            You warrant and agree that:

(i)            by placing an order with PlusClub you are an Existing Member or New Recipient;

(ii)           all Benefits purchased from PlusClub 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 PlusClub website.

(g)           Unless indicated to the contrary:

(i)            PlusClub is not the provider of the Benefits that you purchase and is instead, merely an authorised reseller (other than PlusClub produced vouchers).

(h)          PlusClub, at its sole discretion, may place certain restrictions on the assignment and transfer of Benefits to non-PlusClub Members including New Recipients.

4.         Providers

(a)           You agree and acknowledge that some Benefits are offered and purchased directly from the relevant provider (Providers). In those circumstances:

(i)            it is the Providers (and not PlusClub) who are responsible for providing the Benefits 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)         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.

(b)          Benefits 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 Benefits may be of an inherently risky or dangerous nature or requirespecific skills or qualifications by participants. It is your sole responsibility to make your own enquires as to the suitability of the Benefits, the risks involved and any insurances necessary prior to purchasing or utilising the Benefits.

(d)          PlusClub is not responsible for any inaccuracies or errors in the information supplied by Providers or changes made to Benefits by Providers.

5.         Ordering and Purchasing

(a)           PlusClub's promotion of Benefits is only an invitation to treat and does not itself constitute an offer to sell or guarantee the availability of the Benefits.

(b)          Any orders for Benefits (Orders) are offers to purchase the particular Benefit 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)          PlusClub 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 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.

(f)            You agree and acknowledge that you are liable for any Order made by persons who provide your valid and current PlusClub user identification number and password.

6.         Restrictions on Benefits and number of Benefits purchased

(a)           From time to time there may be Benefits which are classified as "restricted Benefits”. Generally, these are Benefits which may not be supplied to persons under the age of 18.

(b)          By placing an 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.

(c)           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.

(d)          PlusClub may restrict the number of Benefits that can be purchased by you.

7.         Delivery

(a)           The costs of delivering Benefits 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 Benefits delivered to a specified address, delivery occurs when the Benefits arrive at that address; or

(ii)           collect the Benefits in person, then, delivery occurs when you are notified by PlusClub that the Benefits are ready for collection.

(c)           PlusClub does not warrant that Benefits 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)          Benefits are sent uninsured to the address provided by you. and PlusClub takes no responsibility for Benefits lost in transit

8.         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.

9.         Payment

(a)           Benefits will not be dispatched until paid for in full to either PlusClub or the Provider.

(b)          Benefits must be paid for online through the PlusClub 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 PlusClub then the Order may be cancelled.

10.      Risk and Title

(a)           Risk in the Benefits passes to you when delivery occurs pursuant to clause 6 or when the Benefits are in your custody, whichever is the first.

(b)          Title in the Benefits passes when full payment is received by PlusClub.

11.      Discrepancies

Subject to clause 13, if there is any discrepancy between Benefits ordered and Benefits delivered, you must provide full details of the discrepancy to PlusClub 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.

12.      Cancellation and Refunds

12.1       Cancellation of an Order

(a)           Once payment is received (as set out in clause 8) you cannot cancel an Order or return any Benefits unless PlusClub first agrees to do so in writing.

(b)          PlusClub may cancel any 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:

(i)            the requested Benefits 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.

12.2       No claim if Provider cancels Benefits

Subject to the extent permitted by law, you have no claim against PlusClub for any damage, loss, cost or expense arising from cancellation of Benefits by the Provider.

12.3       No Refunds

PlusClub does not offer refunds where you change your mind in relation to the purchase of a Product.

13.      Limitation of liability and indemnity

(a)           PlusClub 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)          PlusClub makes no warranties or other representations except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees. PlusClub'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 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 WOW CLUB's option:

(i)            the replacement of the Benefits or the supply of equivalent Benefits;

(ii)           the payment of the cost of replacing the Benefits or of acquiring equivalent Benefits;

(iii)         the repair of the Benefits; or

(iv)         the payment of the cost of having the Benefits repaired.

(d)          Subject to this clause 12 and so far as may be 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 Benefits left the control of PlusClub.

(e)          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.

(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 PlusClub when deciding whether or not the Benefits are fit for any particular purpose.

14.      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.

15.      Waiver

(a)           A right of PlusClub may only be waived in writing and signed by PlusClub.

(b)          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.

(c)           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.

(d)          The exercise of a right by PlusClub does not prevent any further exercise of that right or of any other right.

16.      Severability

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.

17.      Variation

PlusClub is entitled to vary these Terms at any time by giving you 7 days' written notice.

18.      Glossary

The following words have the following meanings in these terms and conditions:

Board means the board of directors of PlusClub.

Woolworths means Woolworths Group Limited ABN 88 000 014 675.

Woolworths Entity means a company or trust in which Woolworths owns or controls directly or indirectly at least 50% of the voting shares or units of that company and any other corporation that the Board determines.

PlusClub means WOW Club Limited ACN 164 676 242.

Website means the website(s) operated by PlusClub and from time to time, and as at the date of these terms, accessible at https://www.wowclub.org.au/terms-and-conditions/

 

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